- Who sends it
- The lender's attorney prepares it; the sheriff posts the handbill and the notice is served on you
- What it starts
- At least 30 days until the sheriff's sale
- Do this first
- Confirm the date with the sheriff's office and ask the lender's attorney for the cure amount in writing
What this document is in Pennsylvania
Under Pa.R.C.P. 3129.2, the sheriff posts handbills at the sheriff's office and on the property at least 30 days before the sale. They describe the property, name the judgment and owner, and give the time and place of the sale. The lender must also serve you written notice with the same information at least 30 days before the sale. If you never appeared in the case, it is served by the sheriff or another adult, or mailed by the lender.
The sheriff also publishes the sale once a week for three weeks in a row in a county newspaper and the county legal journal, with the first ad at least 21 days before the sale. See the national notice of sheriff's sale page.
What it does and does not mean
- It is not an eviction. Even after the sale, the buyer must get the deed and use the courts to get possession.
- The notice says the sheriff will file a schedule of distribution no later than 30 days after the sale, and that money is paid out by that schedule unless exceptions are filed within 10 days. See Sheriff's Schedule of Proposed Distribution.
- Sales are often postponed. Under Pa.R.C.P. 3129.3, a sale can move to a date within 130 days without new written notice if the new date is announced to the bidders at the scheduled sale.
- If the lender or its representative is not at the sale, the property is not sold.
The deadlines and how to count them
- 30 days: count back from the sale date. Service or posting fewer than 30 days before the sale can be a reason to ask the court to postpone or set aside the sale.
- One hour before bidding: the last moment to cure under 41 P.S. § 404, no more than three times a calendar year.
- Philadelphia: Philadelphia Legal Assistance says a certification asking for a conciliation conference for an owner-occupied home must be filed at least 10 days before the sale to delay it.
- After the sale: a petition to set aside under Pa.R.C.P. 3132 must be filed before the sheriff's deed is delivered.
What to do this week
- Call the county sheriff's real estate office to confirm the date, and call again after each scheduled date to learn of any announced postponement.
- Ask the lender's attorney in writing for the cure amount good through the sale date.
- If you have a refinance, a buyer, money for the arrears or a pending workout, ask the lender in writing to postpone, and ask legal aid about a petition to postpone. In Philadelphia the filing fee was $52.68 plus $1.00 per page, and you can ask to file without the fee if you have low income.
- If you file bankruptcy, get proof of the filing to the sheriff and the lender's attorney before the sale.
- Read Pennsylvania sale date set: what you can still do.
Help and scam warnings
Handbills and newspaper ads draw investors and "rescue" offers. Never sign over your deed to someone who promises you can stay, and never pay upfront to stop a sale. Free help comes from legal aid, PHFA-approved counselors and, in Philadelphia, the Save Your Home Philly Hotline at 215-334-HOME. 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 much notice do I get before a Pennsylvania sheriff's sale?
At least 30 days. Under Pa.R.C.P. 3129.2, the handbill is posted on the home and written notice is served on you at least 30 days before the sale, and the sale is advertised three weeks in a row.
Will I get a new notice if the Pennsylvania sale is postponed?
Not always. Under Pa.R.C.P. 3129.3, no new notice is needed if the new date is within 130 days and announced to bidders at the scheduled sale. The lender must also file a notice of the new date with the prothonotary at least 15 days before it.
Can I still stop a Pennsylvania sheriff's sale the day of the sale?
Under 41 P.S. § 404 you can cure up to one hour before bidding begins by paying the past due amount, allowed fees, costs and late charges. Get the exact figure in writing from the lender's attorney ahead of time.
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.
- Complaint in Mortgage Foreclosure and Notice to DefendA Pennsylvania foreclosure starts when the lender files a complaint in mortgage foreclosure in the county Court of Common Pleas. The Notice to Defend on top says you must act within 20 days after it is served. If you do not, the lender must send a 10-day notice before it can enter a default judgment.
- 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.