Received a Foreclosure Notice in Pennsylvania? Don’t Ignore It
Receiving a foreclosure notice can be frightening, especially if you’re unsure what the letter means or how much time you have to respond.
If you own a home in Harrisburg or elsewhere in Pennsylvania, the important thing to understand is that receiving a foreclosure-related notice does not necessarily mean your home has already been foreclosed on or that a sheriff’s sale is happening immediately.
Pennsylvania homeowners may receive different notices during mortgage delinquency. Two important state-law notices are commonly referred to as an Act 6 Notice of Intention to Foreclose and, for applicable homeowners, an Act 91 Notice related to Pennsylvania’s Homeowners’ Emergency Mortgage Assistance Program (HEMAP).
The notice you received, your mortgage, how far behind you are, and whether a foreclosure lawsuit has already been filed all affect what happens next.
If you’ve already missed several mortgage payments, our guide for homeowners who are behind on mortgage payments in Harrisburg explains options you may want to investigate before the situation progresses.
What Is a Foreclosure Notice in Pennsylvania?
“Notice of default” is a common phrase homeowners use when referring to letters received after falling behind on a mortgage.
However, Pennsylvania foreclosure law uses more specific notices.
For many residential mortgages, Pennsylvania’s Loan Interest and Protection Law—commonly called Act 6—requires the lender to provide a written Notice of Intention to Foreclose before accelerating the mortgage debt or beginning a foreclosure action.
The law generally requires this notice to be given at least 30 days before the lender takes those actions. The notice must identify the default, explain what is required to cure it, state the time available to cure, and provide other required information.
This is very different from saying that the notice itself means your house has already been taken.
It is a warning that the mortgage is in default and that further action may follow if the situation is not resolved.
What Is an Act 6 Notice of Intention to Foreclose?
An Act 6 notice is an important Pennsylvania pre-foreclosure notice.
Under Section 403 of Pennsylvania’s Loan Interest and Protection Law, the notice generally must tell the residential mortgage borrower:
- Which mortgage obligation is involved
- What default the lender claims occurred
- What must be done to cure the default
- The amount that must be paid, where applicable
- The deadline for curing the default
- How ownership or possession could eventually be terminated
- Certain rights involving refinancing or transferring the property
The statute generally requires the notice to be sent by registered or certified mail to the borrower’s last known address and, if different, to the mortgaged residence.
If you receive one, read the entire notice carefully instead of only looking at the amount due.
Important deadlines may be included.
What Is an Act 91 Notice?
Some Pennsylvania homeowners may also receive an Act 91 Notice.
Act 91 relates to Pennsylvania’s Homeowners’ Emergency Mortgage Assistance Program (HEMAP), administered by the Pennsylvania Housing Finance Agency (PHFA).
The notice informs potentially eligible homeowners about the opportunity to seek mortgage assistance through HEMAP.
According to PHFA, if you receive an Act 91 Notice and want to apply for HEMAP, contacting an approved counseling agency promptly is extremely important. PHFA currently states that homeowners generally need to meet with a participating counseling agency within 33 days from the date of the Act 91 Notice to put the foreclosure process on hold while a timely application is handled.
HEMAP is not a grant. It is a Pennsylvania mortgage-assistance loan program with eligibility requirements.
You can review current requirements directly through the Pennsylvania Housing Finance Agency’s HEMAP program.
Does Receiving a Foreclosure Notice Mean the Foreclosure Has Started?
Not always.
A pre-foreclosure notice can come before a foreclosure lawsuit is filed.
Federal mortgage-servicing rules also generally prevent a servicer from making the first notice or filing required to start foreclosure until a mortgage is more than 120 days delinquent, although there are limited exceptions.
Pennsylvania is a judicial-foreclosure state, so an actual mortgage foreclosure typically proceeds through the court system.
That means there is an important difference between:
Being behind on payments → receiving required notices → foreclosure lawsuit → judgment → eventual sheriff’s sale.
Those are not all the same event.
If you have received an actual court complaint rather than only a lender notice, consider speaking with a Pennsylvania foreclosure attorney or legal-aid organization immediately.
What Should You Do After Receiving a Foreclosure Notice?
The worst response is usually to ignore it.
Here are the practical steps I would take.
1. Identify Exactly What You Received
Look at the title of the document.
Does it say:
- Act 6?
- Act 91?
- Notice of Intention to Foreclose?
- Mortgage delinquency notice?
- Foreclosure complaint?
- Sheriff sale notice?
These documents can mean very different things.
Write down:
- Date of the notice
- Amount claimed due
- Deadline
- Servicer contact information
- Property address
- Any court case number
- Any counseling instructions
Keep the envelope as well.
2. Contact Your Mortgage Servicer
Your mortgage servicer is generally the company you send your monthly mortgage payment to.
Ask:
- Exactly how much is needed to bring the loan current?
- What is the current delinquency?
- Has foreclosure been referred to an attorney?
- Has a foreclosure complaint already been filed?
- What loss-mitigation options are available?
- Can you apply for repayment, forbearance, or modification?
- Is there a scheduled sheriff’s sale?
The CFPB advises homeowners who cannot make their mortgage payments to contact the servicer as soon as possible. Possible options may include a repayment plan, forbearance, loan modification, short sale, or deed-in-lieu, depending on the mortgage and circumstances.
3. Contact an Approved Housing Counselor
If you have an Act 91 Notice, follow the counseling instructions in the notice quickly.
A housing counselor can help you understand:
- HEMAP eligibility
- Your mortgage paperwork
- Loss-mitigation applications
- Household budget
- Foreclosure-prevention options
PHFA specifically advises Pennsylvania homeowners experiencing mortgage hardship to contact their servicer and obtain foreclosure counseling as early as possible.
4. Determine Whether You Can Realistically Keep the Home
This is one of the most important questions.
Ask yourself:
Was the financial hardship temporary or permanent?
If your income has recovered, catching up through assistance, repayment, or modification may be realistic.
But if the mortgage has permanently become unaffordable, continuing to delay the decision may increase the delinquent balance and reduce your options.
Compare your:
- Current monthly income
- Mortgage payment
- Other debts
- Past-due balance
- Property taxes
- Insurance
- Necessary home repairs
- Current estimated home value
Then determine whether keeping the property is financially sustainable.
Can You Stop a Foreclosure After Receiving a Notice?
Potentially.
The available method depends on where you are in the process.
Possible options may include:
Bringing the Mortgage Current
If you have enough money to pay the amount necessary to cure the default, that may stop the foreclosure from moving forward.
Pennsylvania’s Act 6 provides certain residential mortgage borrowers a statutory right to cure a default before a sheriff sale, subject to the law’s requirements and limitations.
Repayment Plan
If the hardship was temporary, your servicer might allow you to repay the missed balance gradually while making regular payments.
Forbearance
Some borrowers facing temporary hardship may qualify to temporarily reduce or pause payments. Missed amounts are not simply forgiven and must ultimately be addressed.
Loan Modification
A modification may change the mortgage terms to make future payments more manageable.
HEMAP
Eligible Pennsylvania homeowners may qualify for assistance through PHFA’s HEMAP program.
Selling the Property
If keeping the house is no longer financially realistic, selling before foreclosure progresses may be another option.
Can You Sell Your House After Receiving a Foreclosure Notice?
Often, yes.
Receiving a foreclosure notice doesn’t automatically prevent you from selling your house.
If the property is worth enough to pay:
- Mortgage payoff
- Past-due amounts
- Valid liens
- Applicable transaction expenses
then the mortgage can generally be paid through the closing.
For example:
Potential selling price: $275,000
Mortgage payoff and arrears: $215,000
There may be equity available after the mortgage and other obligations are satisfied.
Your actual numbers could be very different, so obtain an accurate mortgage payoff and title information.
If selling is becoming a serious option, read our detailed guide to selling your house before foreclosure in Harrisburg before waiting until the last minute.
Why Timing Matters If You Want to Sell
Selling earlier generally gives you more options.
You may have time to:
- List traditionally
- Compare offers
- Address liens
- Resolve title issues
- Complete necessary paperwork
- Work with the mortgage servicer
- Choose a closing date
Once a sheriff sale is approaching, the available time becomes much tighter.
A potential buyer also needs enough time for title work and closing.
So if you know that keeping the property is no longer realistic, it is usually better to start evaluating the numbers early rather than waiting for the final deadline.
What If the House Needs Major Repairs?
Mortgage delinquency sometimes happens alongside deferred home maintenance.
If you’re already struggling with payments, you may not have money available for:
- Roof replacement
- Foundation repairs
- HVAC work
- Plumbing
- Electrical repairs
- Water damage
- Cosmetic renovations
That doesn’t automatically prevent a sale.
You can compare the cost of repairing and listing against selling in the property’s current condition.
Our guide to selling a house as-is in Harrisburg explains how an as-is sale can work when major improvements aren’t practical.
What If There Are Other Liens on the House?
Mortgage debt may not be the only claim against the property.
Possible additional liens can include:
- Property-tax liens
- Judgment liens
- Contractor liens
- Municipal claims
- Other mortgages
A title company will typically search the public records to identify issues that need to be addressed before title can transfer.
If this is part of your situation, read our guide to selling a house with liens in Harrisburg.
Don’t Fall for Foreclosure Rescue Scams
Homeowners facing foreclosure can become targets for scammers.
Be especially careful if someone:
- Guarantees they can stop foreclosure
- Demands a large upfront payment
- Tells you to stop communicating with your mortgage company
- Tells you to send your mortgage payment to them instead
- Pressures you to sign over your deed
- Promises a guaranteed loan modification
- Asks you to sign documents you don’t understand
The CFPB warns that legitimate foreclosure help is available from mortgage servicers and HUD-approved housing counselors without paying someone for false promises.
Foreclosure Notice vs. Sheriff Sale Notice
These terms should not be confused.
Foreclosure Notice
A foreclosure-related notice usually occurs earlier and warns you about the mortgage default, your rights, or the possibility of foreclosure.
Foreclosure Complaint
This is a court filing that begins the judicial foreclosure lawsuit.
Sheriff Sale Notice
This means the case has progressed much further and the property is scheduled for sale.
If you’ve received court papers or a sheriff sale notice, the situation is more urgent than simply receiving an early delinquency letter.
Do not rely only on general online information at that stage. Consider speaking promptly with an attorney or qualified legal-aid provider.
How a Direct Home Sale May Work Before Foreclosure
If you decide that selling is the best option, you generally have more than one way to sell.
A traditional listing may make sense when:
- The property is in good condition
- You have sufficient time
- You want broad exposure to buyers
- Maximizing potential market value is the priority
A direct sale may be worth considering when:
- The property needs repairs
- You don’t have money to renovate
- Timing matters
- You want to avoid repeated showings
- You prefer selling the property as-is
If you’re considering a direct sale, you can review how Stefanie Buys Houses purchases homes before deciding whether it fits your circumstances.
A direct offer should be compared with your other available options. Receiving an offer doesn’t require you to accept it.
Frequently Asked Questions About Pennsylvania Foreclosure Notices
What is a Notice of Intention to Foreclose in Pennsylvania?
For applicable residential mortgages, Pennsylvania Act 6 generally requires a written notice before a lender accelerates the mortgage obligation or starts a foreclosure action. The notice explains the claimed default, what is needed to cure it, and other required information.
What is an Act 91 Notice in Pennsylvania?
An Act 91 Notice informs eligible Pennsylvania homeowners about the opportunity to seek assistance through PHFA’s HEMAP mortgage-assistance program.
How long do I have after receiving an Act 91 Notice?
PHFA currently states that homeowners seeking HEMAP assistance should meet with an approved counseling agency within 33 days from the date of the Act 91 Notice to preserve the program’s foreclosure protections while a timely application proceeds.
Does receiving a foreclosure notice mean I have to leave my house?
No. A pre-foreclosure notice is not the same as eviction or a completed foreclosure sale. However, it is a serious warning and should be addressed promptly.
Can I sell my house after receiving an Act 91 or Act 6 notice?
Potentially, yes. A homeowner may still be able to sell before foreclosure is completed, provided there is enough time to complete the transaction and resolve the mortgage and other title obligations.
How long before a mortgage servicer can begin foreclosure?
Under federal servicing rules, a servicer generally cannot make the first foreclosure notice or filing until the mortgage is more than 120 days delinquent, subject to limited exceptions.
Should I contact an attorney?
If you’ve received a foreclosure complaint, sheriff sale notice, don’t understand your legal rights, dispute the amount owed, or face an imminent deadline, speaking with a Pennsylvania attorney or legal-aid organization is a sensible step.
Received a Foreclosure Notice? Take Action Early
A foreclosure notice should be taken seriously, but it doesn’t necessarily mean you’ve run out of options.
Start by identifying exactly which notice you received. Contact your mortgage servicer, follow any Act 91 counseling instructions, and determine whether keeping the property is financially realistic.
If you want to remain in your home, investigate mortgage-assistance and loss-mitigation options as early as possible.
If you’ve decided that keeping the property no longer makes sense, selling before foreclosure progresses may give you more control over the process.
Stefanie Buys Houses works with homeowners in Harrisburg and surrounding Central Pennsylvania communities who are considering an as-is property sale.
You can call (717) 583-7282 or submit your property information to request a no-obligation offer and compare it with your other options.