The Compliance Lever: Act 6 & Act 91
The Reality: Pennsylvania requires lenders to provide specific notices at least 30 days before filing a lawsuit. **Act 91** informs you of your right to apply for emergency mortgage assistance (HEMAP), while **Act 6** gives you a 30-day window to "cure" the default. If you meet with a housing counselor within 33 days of the Act 91 notice, the lender is legally **stayed** (paused) from filing for another 30 days.
PA STATUTES
MANDATORY
NOTICES
NOTICES
The Pennsylvania Judicial Timeline
In PA, a foreclosure is a civil lawsuit filed in the Court of Common Pleas. From the first missed payment to the Sheriff’s Sale, the process typically spans **270 to 450 days**.
| Stage | Timing | The Authority Detail |
|---|---|---|
| Pre-Foreclosure Notices | 120 Days Default | The lender must send Act 6 and/or Act 91 notices. This is the 30-day "grace period" to seek help or pay arrears. |
| Foreclosure Complaint | Day 31+ Post-Notice | The lawsuit begins. The Sheriff serves you personally. You have **20 days** to file a formal "Answer." |
| Conciliation Conference | Varies by County | Counties like Philadelphia and Allegheny have **Mandatory Diversion Programs** that pause the case for a court-supervised meeting. |
| Judgment | Month 5-8 | If you don't answer, a **Default Judgment** is entered. If you fight, the lender must win a Motion for Summary Judgment. |
| Writ of Execution | Post-Judgment | The formal order to the Sheriff to sell the property. Notice of Sale must be posted on your door. |
| Sheriff's Sale | Final Step | The auction occurs. You can "Reinstate" (pay just the arrears) up to **one hour** before bidding starts. |
Authority FAQ: Pennsylvania 2026
What is HEMAP?
The Homeowners' Emergency Mortgage Assistance Program (HEMAP) is a state-funded loan program that can pay your arrears and even assist with monthly payments for up to 24-36 months. Applying for this via an Act 91 notice is the most common way to stop a PA foreclosure.
Can the lender sue me for money after the sale?
Yes, but they must file a separate **Deficiency Judgment** action within 6 months. If the lender buys the property at the sale, the court uses the "Fair Market Value" rule, crediting you for the home's true value, not just the low auction bid.
When do I have to leave the property?
You do not have to leave on the day of the Sheriff's Sale. The new owner must first record the deed (20-40 days) and then file a separate **Ejectment Action** to remove you, which can take an additional 2-4 months.