Foreclosure in Pennsylvania doesn’t start immediately after a missed payment. Federal law generally requires banks to wait at least 120 days before initiating the foreclosure process, giving homeowners time to explore foreclosure alternatives like a mortgage modification.
Pennsylvania foreclosure laws also provide additional rights, including the ability to reinstate a loan and access financial assistance programs. This article breaks down Pennsylvania's foreclosure timeline, homeowner rights, and legal procedures.
When Can Foreclosure Begin in Pennsylvania?
If you fall behind on your house payments, the bank can sell your home and use the money to repay the debt in a process called "foreclosure." In the past, banks often completed foreclosures before the homeowners had a chance to recover from a financial hardship or work out a foreclosure alternative.
In 2014, the federal Consumer Financial Protection Bureau addressed the problem by setting forth a rule that prevents the start of a foreclosure, in most cases, until the borrower is behind 120 days or more on payments. (12 C.F.R. § 1024.41 (2025).) The 120-day waiting period allows the borrower to apply for “loss mitigation,” a foreclosure avoidance option. If the borrower fails to apply or doesn’t qualify for relief, the foreclosure can begin under the procedures allowed by Pennsylvania law.
Notice of Intent to Foreclose
One of your rights in a Pennsylvania foreclosure is the right to get a notice of intent to foreclose. The bank must send the borrower the notice of intent to foreclose at least 30 days before starting the state foreclosure process. The notice must give the borrower the chance to cure the default (catch up on the payments). (41 Pa. Stat. § 403 (2025).)
But under some circumstances, like if the borrower abandoned the house, the notice isn’t required.
In most cases, the bank must also notify the borrower of the availability of financial assistance under Pennsylvania’s Homeowner's Emergency Mortgage Assistance Program and of the right to meet with a local consumer credit counseling agency to discuss ways to avoid a foreclosure. (35 Pa. Stat. § 1680.403c (2025).)
If you meet with an approved credit counseling agency, the bank can’t take any legal action, including starting a foreclosure, for 30 days after the meeting. (35 Pa. Stat. § 1680.403c (2025).)
How Does the Pennsylvania Foreclosure Process Work?
The bank initiates a Pennsylvania foreclosure by filing a lawsuit in court. The bank will win if it can get a judgment of foreclosure and sale, allowing the bank to sell the house. The bank can prevail in one of three different ways:
- The bank receives a default judgment when the homeowner fails to respond to the lawsuit.
- The bank files a successful summary judgment motion that asks the court to find that no genuine issue of fact exists.
- The bank wins at trial.
If the bank gets the judgment, it must post a notice of sale at the property and the sheriff's office. Additionally, the notice must be served on the borrower and published in a newspaper once per week for three weeks. (Pennsylvania Rule of Civil Procedure 3129.2 (2025).)
What Options Are Available for Borrowers During Foreclosure in Pennsylvania?
In Pennsylvania, you might be able to reinstate the loan, participate in a foreclosure diversion program, or qualify for an alternative to foreclosure. You might also want to consider filing for bankruptcy.
Right to Reinstatement
Under Pennsylvania law, the borrower gets the right to reinstate the mortgage by paying the overdue balance, fees, and costs in one large payment up to one hour before the bidding starts at the foreclosure sale. You can do so only three times in a calendar year. (41 Pa. Stat. § 404 (2025).)
Foreclosure Diversion Programs in Pennsylvania
Some Pennsylvania counties have implemented foreclosure diversion (or conciliation) programs that might help you avoid foreclosure.
Apply for Loss Mitigation
If you haven't already applied and been denied, you might qualify for an alternative to foreclosure after applying for a loss mitigation option.
File for Bankruptcy
Filing for bankruptcy can be useful if you're facing foreclosure. It provides an automatic stay that temporarily halts foreclosure proceedings.
Chapter 13 bankruptcy is particularly useful for homeowners who want to save their property because it allows for a repayment plan to catch up on missed mortgage payments. Chapter 7 bankruptcy offers temporary relief and discharges other debts, but if you're behind in payments, you can't save your home.
Talk to a bankruptcy lawyer to find out if filing for bankruptcy is a good option your financial situation and long-term goals.
Does Pennsylvania Have a Redemption Period?
Some states allow a foreclosed borrower to redeem the home after a foreclosure sale. But Pennsylvania law doesn't provide a redemption period after a foreclosure sale. You can redeem the property before the sale by paying off the entire mortgage loan.
Does Pennsylvania Allow Deficiency Judgments?
If the foreclosure sale brings in less money than the outstanding mortgage balance, the borrower could still owe the bank money. In Pennsylvania, the bank can obtain a deficiency judgment for the outstanding amount if it files a separate lawsuit within six months. But if the foreclosing bank purchased the home at the foreclosure sale, the deficiency can't be more than the difference between the fair market value of the home and the mortgage debt. (42 Pa. Cons. Stat. §§ 8103, 5522(b)(2) (2025).)
How to Find Pennsylvania’s Foreclosure Laws
You’ll find Pennsylvania’s foreclosure laws in the Pennsylvania Statutes and Pennsylvania Rules of Civil Procedure. Statutes change, so checking them is always a good idea. How courts and agencies interpret and apply the law can also change. And some rules can even vary within a state. These are just some of the reasons to consult with an attorney if you’re facing a foreclosure.
While this article provides an overview of a typical foreclosure in Pennsylvania, remember that state and federal foreclosure laws are complicated, and cases can proceed differently depending on the circumstances. Also, servicers and banks sometimes make mistakes or skip steps, but most foreclosure errors go uncontested. In cases where the servicer or foreclosing bank omitted a required step, made an error, or violated state or federal foreclosure laws, you could have a defense that could force it to start the foreclosure over, or you might have leverage to work out an alternative.
If you believe your rights were violated, talk to a local foreclosure attorney or legal aid office immediately. A lawyer can give you information about different ways to fight the foreclosure in court, as well as information about different ways to potentially avoid foreclosure.
A HUD-approved housing counselor can also provide helpful information (at no cost) about ways to prevent a foreclosure.