State Foreclosure Laws

Summary:

Judicial foreclosure in Pennsylvania requires that first, a notice of intent to foreclose be sent via certified or registered mail to the borrower after the borrower is at least 60 days behind in payments. The borrower then has 30 days in which to cure the default. The notice must include a statement from the lender that the full balance of the mortgage will come due in the event of failure to cure the default.

If the borrower does not pay, 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.

If the court finds the borrower in default, an order of sale is issued and a sheriff’s auction scheduled. The Sheriff then has 30 days in which to serve the notice of sale upon 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.

Links:

• § 7.1. Scope
  Law which regulates lawful interest rates as to foreclosures.
  
  
• § 7.4. Notice of intention to foreclose mortgage
  Law which regulates a lender to notify a borrower of foreclosure.
  
  
• Rule 410. Real Property Actions
  Law which regulates the process of an Action to foreclose on an owner.
  
  
• Rule 430. Service Pursuant to Special Order of Court Publication
  Law that allows publication of an auction.
  
  
• Rule 1037. Judgment Upon Default or Admission. Assessment of Damages
  Law which regulates the right of the borrower or court clerk to file a complaint against the lender.
  
  
• Rule 3104. Writ of Execution. Entry. Lien
  Law which regulates how a writ of execution becomes a lien against real property.
  
  
• Rule 3180. Judgment; execution
  Law which regulates how a judgment is enforced.
  
  
• Rule 3256. Praecipe for writ; mortgage foreclosure
  Law which regulates the necessary information on a writ of execution in order to be valid.
  
  
• Rule 3277. Definitions – (Liens)
  Law which regulates the description of various liens and judgments.
  
  
• Pennsylvania State Code