Quick Facts

–  Judicial Foreclosure Available: Yes

–  Non-Judicial Foreclosure Available: No

–  Primary Security Instrument: Mortgage

–  Timeline: Typically 90 days

–  Right of Redemption: No

–  Deficiency Judgments Allowed: Yes

In Pennsylvania, lenders may foreclose on a mortgage in default  by using the judicial foreclosure process.

Judicial Foreclosure

In Pennsylvania, the lender must send a notice of intent to foreclose  to the borrower before any foreclosure proceedings may begin.

The notice of intent must be sent, by first class mail, to the  borrower, at their last known address and if different, to the property secured  by the mortgage. The notice should not be sent until the borrower is at least sixty  (60) days behind in their mortgage payments.

In the notice, the lender must make the borrower aware that his  or her mortgage is in default and that it is their (the lender’s) intention to accelerate  the mortgage payments if the borrower does not cure the default within thirty (30)  days. This means that the remaining balance of the original mortgage will come due  immediately.

If the borrower does not cure the default by paying the past due  amount, plus any late charges that have accrued, within the thirty (30) days, the  lender may then file a suit to try and obtain a court order to foreclose on the  property.

If the court finds in favor of the lender and issues an order  of sale, the property will be sold at a Sheriff’s sale under the guidelines established  by the court. The borrower has the right to cure the default and prevent the sale  at any time up to one hour before the Sheriff’s foreclosure sale.

Lenders have up to six months after the foreclosure sale to file  for a deficiency judgment. Borrowers have no rights of redemption once the foreclosure  sale is complete.

More information  on Pennsylvania foreclosure laws.

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