How foreclosure works in Pennsylvania, and how much time you have

Foreclosure in Pennsylvania goes through court. The lender files a foreclosure complaint in the Court of Common Pleas, gets a judgment, and then heads toward a sheriff sale. A missed payment or a warning letter does not mean your house is sold. But every new paper matters.

How much time you have depends on the stage of your case. An Act 91 notice has a counseling deadline. A complaint has a response deadline. A sheriff sale notice gives you a scheduled sale date. Those dates are separate, so you can't add them up into one countdown.

Start with the most recent paper you received. Keep the envelope with it, and write down its date. If you want to stay, ask for help now. If you want to sell, work backward from the real sale date. Don't wait for another letter.

What does an Act 91 notice mean?

An Act 91 notice explains Pennsylvania mortgage assistance through the Homeowners' Emergency Mortgage Assistance Program, or HEMAP. For mortgages covered by the notice requirement, this comes before the lender takes the foreclosure action described in the rules. There are exceptions, so receiving a different notice does not mean you can ignore it.

The current notice says you must meet with a HEMAP-approved counseling agency within 33 days of the notice date to apply on time. Scheduling an appointment alone is not enough. You need to attend the meeting. The meeting is free, and the notice allows it to happen in person or remotely.

Why do you sometimes see 30 days? The program rule describes 30 days plus three days for mailing. It also addresses differences between the printed date and the postmark. Keep the envelope and let the counselor check both. Act on the printed deadline.

Keep the whole notice, including the account summary and the list of counseling agencies. Call one and say you got an Act 91 notice. Give the notice date first.

Can HEMAP give you more time to keep your home?

HEMAP is a loan program run by the Pennsylvania Housing Finance Agency, or PHFA. The money must be repaid. PHFA looks at whether your hardship was beyond your control and whether you have a reasonable prospect of resuming full mortgage payments. FHA Title II mortgages are not eligible.

A timely counseling meeting can pause the foreclosure process while your application is prepared. PHFA says the counselor submits the application within 30 days of the meeting. PHFA then decides within 60 days of receiving it. The program rules restrict foreclosure action during that review period for a timely application.

If you missed the meeting deadline, you may still apply. A late application will not stop the lender from foreclosing while you wait. If it is approved before a sheriff sale, the foreclosure must be stopped. Ask the counselor where your application stands. A phone call alone does not pause your case.

Bring evidence of your income and the circumstances behind the missed payments. PHFA asks for financial records and a written explanation of the hardship. Start gathering them before the meeting.

How is an Act 6 notice different?

Act 6 addresses notice of an intention to foreclose for residential mortgages covered by that law. Section 403 requires at least 30 days of advance notice before the specified lender action. The notice must explain the claimed default, what you need to do to cure it, and the time allowed.

Not every borrower gets both an Act 6 notice and an Act 91 notice. Pennsylvania's HEMAP rule says the Act 91 notice is used instead of other notices required by state law. If Act 91 does not apply to your loan, you may still get an Act 6 notice.

Read the amounts as carefully as the dates. If the stated missed payments do not match your records, gather payment confirmations and ask your servicer to explain the difference. Save its written response with the notice. Don't plan around a number you haven't checked.

What happens when a foreclosure complaint arrives?

The lawsuit begins when the lender files a complaint with the prothonotary, the court filing office. The case is filed in the county where the property is located. The complaint describes the default and the amount the lender says is due.

Once you are served, read the notice to defend and any court scheduling order. Under the general pleading rule, a response is normally due within 20 days after service when the required notice accompanies the pleading. Some counties send cases to a diversion program first. Follow your actual papers and the court's own instructions.

If you fail to respond, the lender may seek a default judgment. Rule 237.1 generally requires a written warning at least ten days before entry is requested for failure to plead. Don't wait for that warning. Respond first.

A judgment moves the case toward enforcement and a sheriff sale. There is no standard number of months after that. Keep your case number handy and ask the prothonotary's office about the docket. Keep watching for court papers even while you work with your servicer.

How much warning do you get before the sheriff sale?

Pennsylvania Rule 3129.2 requires sale notice through posted handbills, written notice, and publication. The sheriff must post handbills at the property and sheriff's office at least 30 days before the sale. Required written notice must also be served at least 30 days before the sale.

The publication rule calls for notice once a week for three successive weeks, with the first publication at least 21 days before the sale. Those rules set the minimums. They do not give you a fresh 30 days from the day you spot an ad.

The sale is a public auction. Delaware County's sheriff explains that property status can change after the monthly sale list is posted. Call the sheriff's real estate department for the current status, especially if you think the sale was postponed. Keep anything they confirm in writing.

Put the scheduled date and time on your calendar. Ask what has to happen for your plan to finish before then. If moving is part of it, our Delaware County page explains how we buy there.

Selling a house in Delaware County, Pennsylvania

Can you catch up after the lawsuit starts?

The Act 91 notice says you may cure the default up to one hour before a sheriff sale, up to three times in a calendar year. Curing means paying what is due, plus charges and costs. The state's Act 6 notice form also says you can cure after proceedings begin, up to one hour before the sale.

Ask for a current reinstatement amount and written payment instructions. A reinstatement figure is the amount needed to bring the loan current. A payoff figure is the amount needed to pay off the loan entirely. Say which one you want.

Don't count on that final hour. Leave time to check the figure, line up the money, and confirm they received it. If you cannot afford to catch up, ask your servicer and a housing counselor about a loan modification or repayment arrangement. The notice itself tells you to talk with your lender about those. Ask how any offer affects the sale date and get the answer in writing.

Does Philadelphia have a foreclosure diversion program?

Philadelphia runs a Residential Mortgage Foreclosure Diversion Program. It holds conciliation conferences to look for a resolution on owner-occupied homes. The court's program materials direct homeowners to meet with a housing counselor and attend the conference. If you skip those steps, the case can move toward sale.

Call Save Your Home Philly at 215-334-4663. The city's current foreclosure prevention page lists that number for help. Your scheduling order has your conference date and instructions. Follow that, not a general description.

If you are also thinking about selling, our Philadelphia County page explains how we buy there. Keep the court and counseling work moving while you decide.

Selling a house in Philadelphia County, Pennsylvania

Should you keep the house or sell before foreclosure?

First, look at what payment you could afford once any assistance ends. If keeping the home fits your income, ask your servicer about its available mortgage help. A HUD-approved housing counselor can help you review the options. The CFPB lists 800-569-4287 as a number for finding a counselor.

If you want to leave and the home is worth more than the debt, selling may let you pay off the mortgage and keep the remaining proceeds after selling costs. The CFPB explains this option. If the proceeds would fall short of the mortgage debt, a short sale requires servicer approval. Ask about that before accepting an offer that cannot cover the balance.

Listing with an agent may be the better choice if you have time and the home can bring a higher price. Compare what you would keep after selling costs with how soon each route could close. Ask about listing as-is if repairs are out of budget.

If you need an as-is sale, we can give you a cash offer to compare, with no closing costs. The closing date still has to fit your case. Start today. Find your next deadline and ask for your loan figures.