The Foreclosure Process in Pennsylvania: Timeline and Key Stages

By Bryan P. Keenan ยท September 6, 2023

If you have fallen behind on your mortgage payments, understanding the foreclosure timeline in Pennsylvania can help you figure out how much time you have and what options are still available. Foreclosure is a legal process with defined stages, and at each stage, you have different rights and opportunities to respond. Knowing where you stand gives you the ability to act rather than react.

Pennsylvania uses a judicial foreclosure process, which means your lender has to go through the court system to take your home. This takes longer than foreclosure in some other states, but it does not last forever. Here is what the process looks like from start to finish.

Stage One: Missed Payments and Default Notice

Foreclosure does not begin the moment you miss a payment. Most lenders will wait until you are 90 to 120 days behind before starting any formal proceedings. During this early period, you will receive late notices and calls from your mortgage servicer asking about your payment. These are collection efforts, not legal actions.

Once you hit a certain number of missed payments, your lender will typically send a formal notice of default or a breach letter. This letter tells you how much you owe, how long you have to pay, and what will happen if you do not. Pennsylvania law requires certain notices before the lender can file a foreclosure complaint. The Act 91 notice is one of the most important. It is required for most residential mortgages and gives you 30 days to seek help through a state-approved housing counseling agency.

This is an important window. If you contact a housing counselor during this period, you may be able to negotiate a workout plan with your lender, and the foreclosure process has to wait while that happens. Do not ignore the Act 91 notice.

Stage Two: Foreclosure Complaint Filed

If you do not resolve the default during the notice period, your lender's attorney will file a foreclosure complaint in the Allegheny County Court of Common Pleas (or whichever county your home is in). You will be served with the complaint, and you have 20 days to file a response.

Filing a response is important. If you do not respond, the lender can seek a default judgment against you, which speeds up the process considerably. Even if you do not have strong legal defenses, responding buys you additional time and keeps the process from being fast-tracked.

Common defenses include challenging whether the lender properly followed the notice requirements, whether the amounts claimed are accurate, and whether the lender has standing to foreclose (meaning they can prove they actually own the loan). An attorney can review your situation and determine if any defenses apply.

Stage Three: Conciliation Conference

Allegheny County, along with several other counties in Pennsylvania, has a foreclosure conciliation program. This is a court-supervised meeting between you and your lender to explore alternatives to foreclosure, such as loan modification, forbearance, or a repayment plan.

The conciliation program has helped many homeowners in the Pittsburgh area keep their homes. It forces lenders to sit down and negotiate in good faith, and it puts a judge or conciliator in the room to oversee the process. Participation is generally mandatory if your county has a program, though the specifics vary by county.

During the conciliation period, the foreclosure case is on hold. This can add several months to the timeline, which gives you additional time to explore your options, including Chapter 13 bankruptcy.

Stage Four: Judgment and Sheriff's Sale

If conciliation does not result in an agreement, the case moves forward. The lender will ask the court for a judgment of foreclosure, which authorizes the sale of your home. Once the judgment is entered, the lender schedules a sheriff's sale.

In Allegheny County, sheriff's sales happen on a monthly schedule. The lender must publish notice of the sale in the legal newspaper and a newspaper of general circulation. You will also receive direct notice. From the time the judgment is entered to the actual sale date, there is typically a period of several weeks to a couple of months.

Up until the sheriff's sale actually takes place, you still have options. Filing a Chapter 13 bankruptcy petition will stop the sale through the automatic stay, even if it is scheduled for the following day. We have helped clients in exactly that situation.

Stage Five: After the Sale

If the sheriff's sale goes through, the property is sold to the highest bidder, which is often the lender itself. In Pennsylvania, the sale must be confirmed by the court. Once confirmed, the new owner can begin eviction proceedings to remove you from the property.

Pennsylvania does not provide a general right of redemption after a sheriff's sale. Unlike some states that give homeowners a period of time after the sale to reclaim their property by paying the full amount owed, Pennsylvania's redemption rights are very limited. This makes it all the more important to act before the sale happens.

Total Timeline: What to Expect

From the first missed payment to a completed sheriff's sale, the Pennsylvania foreclosure process typically takes anywhere from nine months to over two years. The timeline varies depending on the county, the lender's pace, whether you participate in conciliation, and whether any legal challenges are raised.

In Allegheny County, cases that go through the conciliation program tend to take longer, which is actually an advantage for homeowners because it provides more time to find a solution. Cases without conciliation or where the homeowner does not respond can move faster.

Regardless of where you are in the process, the most important thing is to take action. The earlier you respond and start exploring your options, the more options you will have. If you are facing foreclosure in the Pittsburgh area, Bryan P. Keenan & Associates can review your situation and help you understand what steps make sense. Whether that means pursuing a foreclosure defense, filing for Chapter 13, or negotiating with your lender, we are here to help.

Need Help With Your Debt? Contact Bryan P. Keenan & Associates for a free consultation. Call 412-923-4941 or send us a message.