Pennsylvania Foreclosure is Judicial.
PA- Act 6 and PA. Act 91 Demand/Housing Assistance Notice Letters:
Pennsylvania foreclosure law states that mortgage lenders must send the statutorily required notice letters prior to foreclosure referral. A title search must be ordered and received prior to filing a complaint. A title search is generally received within ten to twenty working days of our receipt of the file.
Pennsylvania Foreclosure Complaint Filed:
Sheriff has 30 days in which to serve Complaint or it expires and must be reinstated (usually served, on the average, within twenty days after Complaint is filed).
Pennsylvania Foreclosure Complaint Served:
Defendants have twenty days to file a response (either preliminary objections or answer or both) to the Complaint. If no response, then Plaintiff must forward ten-day Notice to Defendants. This Notice advises Defendants that if they do not take action within ten days of the Notice, Judgment will be entered against them. If the USA is a Defendant, Judgment must be delayed for 90 days.
Judgment Entered/Writ of Executive Issued/Sheriff’s Sale Scheduled:
If no response to Complaint is filed by Defendants and ten-day Notice expires, judgment may be entered for mortgage foreclosure and sale of the property. Simultaneously, a Writ of Execution is issued and the Sheriff’s Sale is scheduled. The Defendants must be served the Notice of Sheriff’s Sale at least 30 days prior to the Sheriff’s Sale date. In addition, all lien holders must be served, by mail 30 days prior to a sale. The individual Sheriff’s departments set a monthly Sale schedule. There is generally a two-month to four-month period of time from the filing of the Writ until the actual Sale date.
Pennsylvania Foreclosure Sale Date:
Sales may be postponed once and rescheduled within the next 100-day period. Any other postponements require a Court order. Bidding instructions are required for all loans. Payment of all settlement charges must be made to the Sheriff within thirty days of the Sale or it may be declared null and void. Title and eviction information must be provided immediately after the Sale in order to calculate settlement charges.
Pennsylvania Foreclosure Complaint Filed:
Sheriff has 30 days in which to serve Complaint or it expires and must be reinstated (usually served on the average within twenty days after Complaint is filed).
Pennsylvania Foreclosure Complaint Served:
Defendants have twenty days to file response to the Complaint. If no response, then Plaintiff must forward ten-day Notice to Defendants.
Judgment Entered And Write Of Possession Issued: If no response to Complaint is filed by Defendants and ten- day Notice expires, judgment may be entered for Possession. Simultaneously, a Writ of Possession is issued and the Sheriff has thirty days to serve the Writ of Possession on Defendant.
Pennsylvania Foreclosure Ejectment Date:
After the Sheriff serves the Writ of Possession, the occupants are given twenty days to move. On the twenty-first day after service of the Writ of Possession, if the occupants have not vacated the premises, the attorney telephones the Sheriff’s office to schedule the eviction. The Sheriff will then assign a date for the eviction, which is usually 30 to 90 days from the date the judgment is entered. The client must provide for a moving company and locksmith at the time set by the Sheriff for the lockout.
Pennsylvania Foreclosure Act 6 And Act 91 Requirements
| Loan Type | Notice of Intention to Foreclose (PA Act 6) | Homeowner’s Emergency Mortgage Assistance Notice (PA Act 91) |
| Type of Mail | Certified or Registered Mail | Regular Mail with Certificate of Mailing |
| Send To | Property Address and Last Known Mailing Address | Property Address and Last Know Mailing Address |
| Addressed To | Each Record Owner(s) and Each Original Mortgagors | Each Record Owner(s) |
| FHA Under $50,000 | Act 6 Required | Act 91 Not Required |
| FHA Over $50,000 | Act 6 Not Required* | Act 91 Not Required |
| VA/Conventional Loans Under $50,000 |
Act 6 Required | Act 91 Required |
| VA/Conventional Loans Over $50,000 |
Act 6 Not Required* | Act 91 Required |
* A Demand Letter is generally required prior to commencing any foreclosure action. Please consult the specific mortgage for details on the type and content of the Pre-foreclosure Notice to be sent.
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