How Foreclosure Works in Pennsylvania: A Complete Guide for Real Estate Investors
Pennsylvania is strictly a judicial foreclosure state. All residential mortgage foreclosures proceed through the Court of Common Pleas. There is no power of sale option.
From first missed payment to sheriff sale: typically 12 to 24 months. Act 6 and Act 91 pre-filing notices add 60 to 90 days before the complaint can be filed. Philadelphia and Allegheny County are significantly slower due to court backlog and mandatory diversion programs.
Step-by-Step Foreclosure Timeline in Pennsylvania
| Step | Timing | What Happens |
|---|---|---|
| Default | Day 0 | Borrower becomes delinquent on mortgage payments. |
| Act 6 Notice | Day 60–90 | Lender sends a mandatory Act 6 notice (35 P.S. § 1680.402c) for owner-occupied 1-to-4 family properties. Must inform borrower of right to cure, sent 30 days before filing. |
| Act 91 Notice (HEMAP) | Day 60–90 | Sent simultaneously or with Act 6. Informs borrower of the Homeowner’s Emergency Mortgage Assistance Program. Separate 30-day response period. |
| Complaint filed | Day 120–180 | Lender files the complaint with the county Court of Common Pleas. Lis pendens is recorded at the prothonotary’s office — this is the public record trigger. |
| Service of process | Day 150–210 | Defendant/borrower is served. They have 20 days to respond. |
| Answer period expires | Day 170–230 | If no answer, lender proceeds to judgment. Preliminary objections may be filed. |
| Summary judgment | Day 210–360 | Court enters judgment of foreclosure. Writ of execution issued to the county sheriff. |
| Sheriff sale notice | Day 240–420 | Sheriff must give 30 days’ written notice to parties and 30 days’ public notice via posting. |
| Sheriff sale | Day 300–540 | Public auction conducted by the county sheriff. Bidders must bring certified funds. |
| Exception period | Day 310–550 | 10-day period for parties to file exceptions to the sale. After this, the sheriff’s deed is recorded. |
Key Details for Investors
Post-Sale Redemption
Pennsylvania abolished the right of redemption after sheriff sale for mortgage foreclosures. There is no post-sale redemption. However, PA has one of the strongest pre-sale cure rights in the country (see reinstatement).
Right of Reinstatement
Very strong protection. Act 6 gives the borrower the right to cure the default (pay all arrears, costs, and fees) at any time up to 1 hour before the sheriff sale. The borrower can reinstate once per 5-year period without the lender’s consent.
Deficiency Judgments
Yes. Under 42 Pa. C.S. § 8103, the lender may petition for a deficiency judgment within 6 months of the sheriff sale. The deficiency is capped at the difference between the debt and the fair market value (not the auction price).
Pre-Filing Notice Requirements
Act 6 Notice: 30 days before filing, for owner-occupied 1-to-4 family properties. Act 91 Notice: 30 days, must include HEMAP application materials. Both must be sent by first-class and certified mail. Philadelphia has an additional mandatory Residential Mortgage Foreclosure Diversion Program.
Foreclosure Mediation
Philadelphia has a mandatory Residential Mortgage Foreclosure Diversion (RMFD) program. Several other PA counties have voluntary conciliation programs. There is no statewide mandatory mediation.
What Makes Pennsylvania Unique
- Act 6 and Act 91 create one of the most extensive pre-filing notice regimes in the country.
- HEMAP is unique to Pennsylvania — the state agency (PHFA) can pay arrears and become a second lien.
- Borrowers can reinstate the loan up to 1 hour before the sheriff sale — one of the strongest cure rights nationally.
- Philadelphia’s RMFD program routinely extends timelines to 2–4 years from complaint to sale.
- No post-sale redemption makes title transfer cleaner than many states.
Frequently Asked Questions
How long does foreclosure take in Pennsylvania?
Pennsylvania foreclosures typically take 12 to 24 months from the first missed payment to the sheriff sale. Philadelphia and Allegheny County are slower due to court backlogs and mandatory diversion programs. Rural counties like Clearfield and Lycoming tend to move faster (9–12 months total).
What are Act 6 and Act 91 in Pennsylvania foreclosure?
Act 6 requires lenders to send a 30-day notice before filing, informing the borrower of their right to cure. Act 91 requires a separate notice about the HEMAP program, which can provide state-funded emergency mortgage assistance. Both must be sent before the foreclosure complaint is filed.
Can a homeowner stop a foreclosure in Pennsylvania?
Yes. Pennsylvania’s Act 6 gives homeowners the right to cure the default (pay arrears plus costs) at any time up to 1 hour before the sheriff sale. This is one of the most borrower-protective reinstatement rights in the country.
What is the pre-foreclosure opportunity window in Pennsylvania?
The window between the complaint filing (lis pendens) and the sheriff sale is typically 6 to 18 months, depending on the county. This extended period is when property owners are often open to discussing alternatives to losing the property.
Explore Pennsylvania Foreclosure Opportunities
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Last updated July 10, 2026. This guide is for informational purposes and does not constitute legal advice. Foreclosure timelines and processes can vary by county and individual circumstances.