- Legal EditorHenry Dahut, J.D.
Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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Pennsylvania Foreclosure Laws Subject To Change
The Pennsylvania foreclosure summary below provides information on your state’s most common foreclosure rules. However, you should also know that your state’s foreclosure laws and procedures are subject to legislative, judicial, and local rule changes.
The information below is intended to provide you with a beginning point for understanding the intricacies and complexity of your state’s foreclosure law.
You will also need to consult with a local foreclosure defense lawyer to obtain a complete and current understanding of your state’s foreclosure laws and how they may apply to your specific legal and financial situation.
Quick Facts
– Judicial Foreclosure Available: Yes
– Non-Judicial Foreclosure Available: No
– Primary Security Instrument: Mortgage
– Timeline: Typically 90 days
– Right of Redemption: No
– Deficiency Judgments Allowed: Yes
In Pennsylvania, lenders may foreclose on a mortgage in default by using the judicial foreclosure process.
Judicial Foreclosure
In Pennsylvania, the lender must send notice of intent to foreclose to the borrower before any foreclosure proceedings may begin.
Notice of Intent
The notice of intent must be sent, by first-class mail, to the borrower, at their last known address and, if different, to the property secured by the mortgage. The notice should not be sent until the borrower is at least sixty (60) days behind in their mortgage payments.
In the notice, the lender must make the borrower aware that their mortgage is in default and that it is their (the lender’s) intention to accelerate the mortgage payments if the borrower does not cure the default within thirty (30) days. This means that the remaining balance of the original mortgage will come due immediately.
Right For Bowwer To Cure Default
If the borrower does not cure the default by paying the past due amount, plus any late charges that have accrued, within thirty (30) days, the lender may file a suit to try and obtain a court order to foreclose on the property.
If the court finds in favor of the lender and issues an order of sale, the property will be sold at a Sheriff’s sale under the guidelines established by the court. The borrower has the right to cure the default and prevent the sale at any time up to one hour before the Sheriff’s foreclosure sale.
Lender’s Right To Obtain Deficiency Judgment
Lenders have up to six months after the foreclosure sale to file for a deficiency judgment. Borrowers have no rights of redemption once the foreclosure sale is complete.
