Pennsylvania Foreclosure Laws

Pennsylvania foreclosures are judicial and usually take ten months in addition to the pre-foreclosure period.

Pre-Foreclosure

In order for a lender to start foreclosure proceedings in Pennsylvania, the debtor must be a minimum of sixty days behind in mortgage payments. Generally, the debtor will be sent two warning letters first to explain options and to explain that foreclosure may occur. Before the lender starts foreclosure, the debtor has two to four months to resolve the default.

If the debtor cannot stop the foreclosure at this stage, the lender files a suit against the debtor in court for the default amount. The debtor is served with the notice of the legal action in person or by publication or mail. Once the debtor has been served with the notice, the debt has about thirty days to reply. If the debtor fails to do this, the court will generally rule to allow the sale of the property so that the lender can recoup his or her money.

Up to one hour before the sale, the property is still technically in pre-foreclosure insofar as the debtor can still stop the foreclosure by paying the total amount owed on the property.

The Foreclosure Auction in Pennsylvania

Before an auction can take place, the county sheriff must advertise and post the notice of sale. To do this, the sheriff must deliver a copy of the notice to the debtor and must post the notice on the property. As well, the notice must the published for three weeks, at least once a week in both a local legal newspaper and a local newspaper.

If the sale must be delayed for any reason, it can be postponed once by an announcement at the sale. If the sale must be delayed again or if the sale must be delayed more than one hundred days, the court's approval needs to be sought for the delay.

About one to two months after the court has allowed the foreclosure sale, the auction can take place. This sale is conducted by the sheriff and the highest bidder takes ownership of the property. Once the sale has taken place, there is no period of redemption and no right of redemption for the debtor.