Quick Answers
- Is Pennsylvania a judicial foreclosure state?
- Yes. Every mortgage foreclosure must be filed and processed through the Court of Common Pleas.
- Can a homeowner sell during foreclosure?
- Generally yes, any time before the sheriff’s sale is held.
- Does Pennsylvania require a pre-foreclosure notice?
- Yes — a 30-day “Act 6” notice is required before most residential lenders can file suit.
- How long can the process take?
- Often 9 months to a year or more, depending on the county’s court schedule and whether you respond to the complaint.
How Foreclosure Works in Pennsylvania
Pennsylvania is a judicial foreclosure state, which means a lender cannot take a home through foreclosure without filing a lawsuit in the Court of Common Pleas and obtaining a judgment from a judge. Before that lawsuit can be filed on most residential mortgages, the lender must first send a written “Notice of Intention to Foreclose” at least 30 days in advance, under the Loan Interest and Protection Law of 1974 — commonly called the “Act 6 notice” (41 P.S. § 403). That notice must clearly state the default, the exact amount or action needed to cure it, and the time within which you must cure it.
You can cure a default any time up until one hour before bidding starts at the sheriff’s sale — up to three times per calendar year — simply by paying what’s owed plus reasonable fees and costs (41 P.S. § 404). If the default isn’t cured, the lender’s lawsuit proceeds through the Court of Common Pleas, and once a judgment is entered, the county sheriff schedules a public auction known as the sheriff’s sale.
As long as the sheriff’s sale hasn’t taken place yet, you can still sell the property on your own terms — the mortgage payoff is simply settled from the sale proceeds at closing.
Selling Before the Sheriff’s Sale
You control the timeline, can sell as-is without repairs, may walk away with cash after the mortgage is paid off, and avoid a sheriff’s sale becoming part of the public sale record.
Waiting Until the Sheriff’s Sale
The property is sold to the highest bidder at a public auction, you lose the ability to negotiate terms, and the lender may be able to pursue a deficiency judgment if the sale doesn’t cover the full debt.
Timeline
Pennsylvania Foreclosure Timeline
A general outline of how a judicial foreclosure case moves through the Court of Common Pleas.
Act 6 Notice of Intention to Foreclose
The lender must send a 30-day written notice explaining the default and your right to cure it before filing suit.
Complaint Filed in Court of Common Pleas
If the default isn’t cured, the lender files a foreclosure lawsuit and you are formally served.
Answer Period
You generally have 20 days after being served to file a response with the court.
Judgment Entered
If the case isn’t resolved or defended, the court enters judgment in the lender’s favor.
Sheriff’s Sale (Public Auction)
The county sheriff schedules and advertises a public auction where the property is sold to the highest bidder.
Why Pennsylvania Homeowners in Foreclosure Choose to Sell
Selling before the sheriff’s sale lets you pay off the mortgage, avoid a public auction becoming part of the property’s sale record, and move forward without the uncertainty of a court-ordered sale. It also means you control the closing date, can sell the property as-is, and avoid the possibility of a deficiency judgment if the auction price doesn’t cover the full debt.
Already have a sheriff’s sale date scheduled? Time may be limited. Review your court notices carefully and speak with a qualified Pennsylvania attorney immediately.
How We Can Help
A Simpler Way Forward
We buy houses facing foreclosure as-is, anywhere in Pennsylvania. Here’s what that looks like.
Sell As-Is
No repairs, cleanup, or updates needed — we buy the property in its current condition.
No Commissions or Fees
There’s no realtor commission and no closing costs deducted from your side of the deal.
Flexible Closing Date
We can work around your sheriff’s sale date and close on a timeline that fits your situation.
Help Reviewing Your Situation
We’ll walk through your timeline and options with you, at no cost and with no pressure.
No Obligation to Accept
Get a free cash offer and decide what’s right for you — there’s never any pressure to accept.
FAQ
Frequently Asked Questions
Straight answers about Pennsylvania foreclosure and selling your house.
Does foreclosure happen without going to court in Pennsylvania?
No. Pennsylvania only allows judicial foreclosure, meaning the lender must sue in the Court of Common Pleas and obtain a judgment before the property can be sold at a sheriff’s sale.
What is an Act 6 notice?
It’s a written notice a residential mortgage lender must send at least 30 days before it can accelerate the loan or begin foreclosure, explaining the default, your right to cure it, and exactly what must be paid or done to fix it (41 P.S. §403).
Can I still fix my default after I get the notice?
Yes. You can cure a default any time up until one hour before bidding starts at the sheriff’s sale, up to three times per calendar year, by paying what’s owed plus reasonable fees and costs (41 P.S. §404).
Can I sell my house while it’s in foreclosure in Pennsylvania?
Yes, as long as the sheriff’s sale hasn’t occurred. The mortgage payoff is settled from the sale proceeds at closing.
How long does a Pennsylvania foreclosure take?
Timelines vary by county, but the process often takes roughly 9 months to a year or more from the initial notice to a completed sheriff’s sale, especially if the case is contested.
What happens at a sheriff’s sale in Pennsylvania?
After judgment is entered, the county sheriff schedules and advertises a public auction where the property is sold to the highest bidder.
Will I owe money after a sheriff’s sale (deficiency judgment)?
Possibly. A lender can petition the court for a deficiency judgment for the difference between what you owed and the property’s fair market value, generally within six months of the sheriff’s sale under Pennsylvania’s Deficiency Judgment Act.
Is there help available for Pennsylvania homeowners facing foreclosure?
Homeowners may be eligible for counseling or emergency mortgage assistance through Pennsylvania’s Homeowners’ Emergency Mortgage Assistance Program (Act 91 of 1983). Contact the Pennsylvania Housing Finance Agency or a HUD-approved housing counselor for details.
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This page provides general information about the Pennsylvania foreclosure process and is not legal advice. Foreclosure laws and procedures can change, and every case is different. For guidance specific to your situation, please consult a Pennsylvania-licensed attorney.
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