- Who sends it
- The lender's attorney, served by the sheriff or another allowed method
- What it starts
- 20 days to enter a written appearance and file your defenses
- Do this first
- Call the office named on the Notice to Defend or legal aid today
What this document is in Pennsylvania
Every Pennsylvania complaint begins with a Notice to Defend under Pa.R.C.P. 1018.1. It says you must take action within twenty (20) days after the complaint and notice are served, by entering a written appearance personally or by attorney and filing your defenses or objections in writing with the court. It tells you to take the paper to a lawyer at once, and names a local office to call if you do not have one.
Mortgage foreclosure cases follow Pa.R.C.P. 1141 and the rules that follow it. See the national page on summons and complaint.
What it does and does not mean
- You still own the home, and you do not have to move. A sale can only come after a judgment.
- Your right to cure continues until one hour before bidding at a sheriff's sale, under 41 P.S. § 404.
- A missing or defective Act 91 Notice, wrong amounts, or fees above the legal limits may be issues a lawyer can raise.
- Some counties send owner-occupied cases to a conciliation conference. In Philadelphia, the court's order bars the lender from entering judgment until the conferences end.
Your 20 days and the 10-day default notice
Count 20 calendar days starting the day after you were served. Pennsylvania counts a period by leaving out the first day and including the last, and if the last day is a weekend or legal holiday it is left out of the count (1 Pa.C.S. § 1908). Do not wait for the last day.
If you do not respond, the lender cannot simply take a default judgment. Under Pa.R.C.P. 237.1 it must first mail or deliver a written notice of its intention to enter a default judgment at least 10 days before it files. That notice cannot be waived. If you get one, file your appearance and response right away.
What to do this week
- Write the date you were served on the papers.
- Call the office listed on the Notice to Defend, or find legal aid through the Pennsylvania Legal Aid Network.
- File a written appearance and your answer with the prothonotary (the court's civil clerk) before day 20, and keep a stamped copy.
- In Philadelphia, call the Save Your Home Philly Hotline at 215-334-HOME and go to every conference. See Pennsylvania foreclosure mediation.
- Keep working with your servicer and a HEMAP or PHFA counselor in writing.
- Read how long foreclosure takes in Pennsylvania.
Help and scam warnings
Free help comes from legal aid (Pennsylvania Legal Aid Network), PHFA-approved counselors and county conciliation programs. Pennsylvania Courts: Representing Yourself explains how to handle a case without a lawyer. Foreclosure filings are public, so expect calls from companies. Never pay an upfront fee or sign over your deed, and report scams to the Pennsylvania Attorney General. See Pennsylvania foreclosure help.
The rest of the Pennsylvania process
See how foreclosure works in Pennsylvania, the timeline, ways to stop it and free help in Pennsylvania, or read the national guide to this letter.
Common questions
How long do I have to respond to a Pennsylvania foreclosure complaint?
20 days after the complaint and Notice to Defend are served, under Pa.R.C.P. 1026 and the Notice to Defend in Rule 1018.1. You respond by entering a written appearance and filing your defenses in writing.
Can a Pennsylvania lender get a default judgment without warning me?
No. Pa.R.C.P. 237.1 requires a written notice of intention to enter a default judgment, mailed or delivered at least 10 days before the lender files for it, and that notice cannot be waived.
Does a Philadelphia conciliation conference stop my foreclosure case?
It holds it up. The court's Residential Mortgage Foreclosure Diversion Program issues an order barring the lender from entering judgment until the conciliation conferences end. Conferences are held on Thursdays in City Hall.
Other Pennsylvania letters
- Act 91 Notice (Save Your Home From Foreclosure)The Act 91 Notice is the official Pennsylvania notice a mortgage lender must send before it can foreclose on most home loans. It tells you that you may qualify for a HEMAP loan from the Pennsylvania Housing Finance Agency. You have 33 days from the date on the notice to meet face to face with an approved counseling agency, and meeting in time can pause the foreclosure.
- Act 6 Notice of Intention to ForeclosePennsylvania's Act 6 requires a residential mortgage lender to give you at least 30 days' written notice, by registered or certified mail, before it speeds up the loan or sues. The notice must state the default and exactly what you must pay to cure it. For most loans this information comes inside the Act 91 Notice; a separate Act 6 notice is used when Act 91 does not apply.
- Notice of Sheriff's SaleAfter a judgment, the sheriff posts a handbill on the home and you are served with written notice at least 30 days before the sheriff's sale. You can still cure the default up to one hour before bidding begins, and a court can postpone the sale for good reason.
- Sheriff's Schedule of Proposed DistributionWithin 30 days after a Pennsylvania sheriff's sale, the sheriff files a schedule showing who gets the sale money. Anyone who disagrees has 10 days after it is filed to file exceptions. The sheriff's deed is delivered 20 to 40 days after the schedule is filed, and any money left after liens and costs belongs to you as the former owner.
Sources
- 231 Pa. Code Rule 1018.1, Notice to Defend
- 231 Pa. Code Rule 1026, Time for filing; notice to plead
- 231 Pa. Code Rule 237.1, Notice of praecipe to enter default judgment
- 1 Pa.C.S. § 1908, Computation of time
- Philadelphia Courts: Residential Mortgage Foreclosure Diversion Program
- Pennsylvania Legal Aid Network: Legal Aid Providers