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Pennsylvania · Weigh your options

How to stop a foreclosure in Pennsylvania

Pennsylvania gives you several ways to stop or slow a foreclosure, and one of the strongest is a state law right to cure the default up to one hour before bidding at the sheriff's sale. Early on, the Act 91 notice opens the door to a HEMAP loan. Once you are sued, you can respond, raise defenses and use a county conciliation program where one exists. Nothing here is a promise of a result.

Ask for help in Pennsylvania Free HUD counselor: (800) 569-4287

Reviewed against Pennsylvania law and official sources on October 12, 2026. General information, not legal advice.

Ways to stop or delay a foreclosure in Pennsylvania

  • Apply for HEMAP after the Act 91 notice

    Meet a listed counseling agency within 33 days of the date on the notice

    HEMAP is a state loan, not a grant, for owner-occupied one or two family homes when you fell behind through no fault of your own. Meeting a counselor in time puts the foreclosure on hold while PHFA reviews the application. FHA Title II loans are not eligible.

    35 P.S. § 1680.403c

  • Ask your servicer for loss mitigation

    As early as possible, and before the sale

    Send a complete application for a modification or other workout and keep proof of what you sent. Under federal rules, a timely complete application can limit what the servicer may do while it is reviewed.

  • Cure the default under Act 6

    Up to one hour before bidding begins at the sheriff's sale

    You can stop the foreclosure by paying the missed payments without acceleration, plus reasonable attorney fees and costs actually incurred and any late charge in the mortgage. Curing puts you back where you were before the default. You can use this right no more than three times in a calendar year.

    41 P.S. § 404

  • Respond to the complaint and raise defenses

    Within 20 days after you are served

    File a written appearance and your defenses with the court. A missing or defective Act 91 or Act 6 notice, wrong amounts, or attorney fees above what the law allows can be issues to raise. Before a case is filed, a lender can charge no more than $50 in attorney fees.

    Pa.R.C.P. 1026; 41 P.S. § 406

  • Use a county conciliation program

    As soon as you get the notice; in Philadelphia, a certification can be filed at least 10 days before a scheduled sale

    Philadelphia's Residential Mortgage Foreclosure Diversion Program holds conferences with free housing counselors and legal aid on site, and the lender cannot enter judgment until they end. Philadelphia Legal Assistance says a homeowner can file a certification of owner occupancy and request for a conference no later than 10 days before a scheduled sale. Other counties have their own programs, so ask your court.

  • Petition to postpone the sheriff's sale

    Before the sale, with enough time for a judge to rule

    You can ask the court to stay or postpone the sale for a good reason, such as a refinance, a signed sale contract, money to cover the arrears, or a pending workout. A postponement only delays the sale, so you still need a plan.

  • File for bankruptcy

    Before the sale

    A bankruptcy filing triggers a federal stay that stops the sale. It affects all your debts, so talk to a bankruptcy lawyer or legal aid first.

What Pennsylvania law gives you

The right to catch up and stop the sale

Right to reinstate

After a notice of intention to foreclose, you can cure the default any time up to one hour before bidding starts at the sheriff's sale. You pay what would be due without acceleration, plus reasonable attorney fees and costs actually incurred and any late charge in the mortgage. Curing puts you back where you were before the default. The right can be used no more than three times in a calendar year and applies to residential mortgages under the Act 6 dollar limit.

41 P.S. § 404

Foreclosure mediation

Program available

There is no statewide program, but some county courts run their own. Philadelphia's Residential Mortgage Foreclosure Diversion Program holds conciliation conferences for owner-occupied homes, with free housing counselors and legal aid lawyers on site, before a case can move to a sheriff's sale. Ask the prothonotary or court administrator in your county whether a conciliation or diversion program exists.

Act 91 notice and HEMAP stay

For covered loans the lender must send an Act 91 notice before foreclosing. Meeting a counseling agency within 33 days and applying on time pauses foreclosure while PHFA reviews your application for a HEMAP loan.

35 P.S. § 1680.403c

Act 6 notice of intention to foreclose

A residential mortgage lender must give 30 days' notice by registered or certified mail, stating the default and the exact amount needed to cure, before accelerating the loan or suing.

41 P.S. § 403

Right to cure until one hour before the sale

You can stop the sheriff's sale by paying the arrears and allowed costs up to one hour before bidding, up to three times a year.

41 P.S. § 404

Limits on attorney fees

Before a foreclosure case is filed, a residential mortgage lender can charge no more than $50 in attorney fees, and none for work during the 30-day notice period.

41 P.S. § 406

Fair market value credit

Under the Deficiency Judgment Act a lender that buys the home must credit you with its court-set fair market value before collecting any balance.

42 Pa.C.S. § 8103

The options your servicer can offer

Common questions in Pennsylvania

Can I catch up on my Pennsylvania mortgage and stop the sheriff's sale?

Yes, in most cases. Section 404 of Act 6 lets you cure the default up to one hour before bidding begins by paying what is past due, plus allowed fees, costs and late charges. You can do this no more than three times in a calendar year. Ask the lender's attorney for the cure amount in writing.

Is HEMAP a grant I do not have to pay back?

No. PHFA describes HEMAP as a loan, capped at $60,000 or 24 to 36 months of help. You need a reasonable chance of resuming full payments within that time, and you must have fallen behind because of things outside your control, such as a layoff or serious illness.

Does every Pennsylvania county have a foreclosure conciliation program?

No. Philadelphia created the first program in 2008, and a Pennsylvania Legal Aid Network paper listed at least 14 counties with diversion programs, including Allegheny, Bucks, Delaware and Lehigh. Programs change, so ask the prothonotary or court administrator in your county.

Step by step

More on foreclosure in Pennsylvania

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

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Sources for this page

  1. 231 Pa. Code Rule 3129.3, Postponement of sale
  2. 231 Pa. Code Rule 1026, Time for filing responsive pleading
  3. Philadelphia Legal Assistance: Emergency Measures for Mortgage Foreclosure
  4. Philadelphia Sheriff's Office
  5. Philadelphia Courts: Residential Mortgage Foreclosure Diversion Program materials
  6. Philadelphia Courts: Ejectment complaint packet and Notice to Defend
  7. Pennsylvania Legal Aid Network: Local Mortgage Foreclosure Programs in Pennsylvania
  8. PALawHelp: Preventing Mortgage Foreclosure
  9. Act 6 of 1974 (Loan Interest and Protection Law), Article IV, sections 403 to 406
  10. 42 Pa.C.S. § 8103, Deficiency judgments
  11. 231 Pa. Code Rule 3129.2, Notice of sale
  12. 231 Pa. Code Rule 3132, Setting aside sale
  13. 231 Pa. Code Rule 3135, Sheriff's deed
  14. 231 Pa. Code Rule 3136, Distribution of proceeds
  15. PHFA: HEMAP, Act 91
  16. Pennsylvania Homeowner Assistance Fund
  17. Philadelphia Courts: Residential Mortgage Foreclosure Diversion Program
  18. 231 Pa. Code Rule 1141, Mortgage foreclosure; conformity to civil action