Pennsylvania Foreclosure Laws

The judicial foreclosure is the only foreclosure method allowed in the state of Pennsylvania. It requires that first, a notice of intent to foreclose the property is sent via certified or registered mail to the borrower after the borrower is at least 60 days behind in payments. At this time the defaulted borrower has a full 30 days in which to cure the default and bring payment into a current status. This notice of intent has to include a complete statement from the lender that the full balance of the mortgage will come due in the event of failure to cure the default.

In the event that the borrower does not pay and cure the default, then the lender sues for an order to foreclose. Prior to filing the suit, a title search must be ordered and received by the clerk of the court to assure that there is free and clear title to the property being foreclosed upon by the lender.

Once the court does actually find the borrower to be in default, an order of sale is issued and at that time a sheriff’s auction is scheduled to sell the property. The Sheriff then has 30 days in which to serve the notice of sale upon the borrower. After that notice is actually served to the borrower, the borrower has 20 days in which to file an answer.

The sheriff will conduct the auction according to instructions from the court. The borrower has the right to cure the default at any time up to one hour before the sale. Once the sale is complete, the borrower has no right of redemption. The lender has six months in which to sue for any deficiency balance.

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