Montco Behind on your mortgage in Pennsylvania? Your options, in order
If you're behind on your mortgage in Pennsylvania, you usually have more time and more help than it feels like. Servicers generally can't start foreclosure until you're more than 120 days behind (12 CFR 1024.41(f)). Pennsylvania's Act 91 notice gives you 33 days to meet a free counseling agency about state help (35 P.S. §1680.403c). Start with the free help; selling is one option among several.
1. Call your servicer and ask about loss mitigation
Ask what workout options exist: repayment plan, forbearance or loan modification. If you send a complete loss-mitigation application before the first foreclosure filing, the servicer generally can't file until it has decided on it and any appeal is over (12 CFR 1024.41(f)). Applications sent more than 37 days before a sheriff sale get similar protection.
2. Talk to a free HUD-approved housing counselor
HUD-approved counselors help for free and can talk to your servicer with you. Find one at answers.hud.gov/housingcounseling. Montgomery County's program refers homeowners to Clarifi, a HUD-approved agency.
3. Read your Act 91 notice and act within 33 days
Before a lender can start foreclosure on a covered Pennsylvania home, it must send an Act 91 notice once you're at least 60 days behind. You then have 30 days plus 3 for mailing to meet face-to-face with a listed consumer credit counseling agency. If you do, the lender must hold off legal action for up to 30 days from that meeting, and longer while a timely HEMAP application is processed (35 P.S. §1680.403c).
HEMAP (the Homeowner's Emergency Mortgage Assistance Program, run by PHFA) is a loan, not a grant, of up to $60,000 for people behind because of hardship beyond their control who can resume payments. FHA loans aren't eligible. Call PHFA at 1-800-342-2397 to confirm it's taking applications.
4. If a foreclosure complaint is filed: Montgomery County's diversion program
For owner-occupied homes with a foreclosure complaint filed on or after October 16, 2024 and total debt of $500,000 or less, Montgomery County's Mortgage Foreclosure Diversionary Program issues an automatic stay and schedules a conciliation conference about 5–6 weeks out. Legal aid and a housing counselor can be there. You must attend. If you were served and don't show, the stay is lifted.
Pennsylvania foreclosure goes through the courts: a complaint, then judgment, then a sheriff sale. Montgomery County sheriff sales are listed on the Sheriff's page.
5. If keeping the house isn't realistic
| Option | What it means |
|---|---|
| Sell before the sheriff sale | If you have equity, selling can pay off the loan and leave money for you |
| Short sale | The lender agrees to accept less than owed; it needs lender approval |
| Deed in lieu | You give the house to the lender to settle the debt; ask about any remaining balance |
Be careful with anyone who charges an upfront fee to "save" your home or negotiate with your lender. Federal rules generally ban advance fees for mortgage relief services (12 CFR 1015). Free help is available.
Common questions
How far behind can I be before foreclosure starts in Pennsylvania?
Servicers generally can't make the first foreclosure filing until you're more than 120 days behind (12 CFR 1024.41(f)), and Pennsylvania requires an Act 91 notice first for covered homes.
What is an Act 91 notice?
A required Pennsylvania notice telling you that you have 33 days to meet a consumer credit counseling agency about the Homeowner's Emergency Mortgage Assistance Program (35 P.S. §1680.403c).
What is HEMAP?
A Pennsylvania Housing Finance Agency loan of up to $60,000 that can catch up mortgage payments for eligible homeowners behind because of hardship beyond their control. FHA loans aren't eligible.
Does Montgomery County have a foreclosure mediation program?
Yes. The Mortgage Foreclosure Diversionary Program covers owner-occupied homes with total debt up to $500,000 for complaints filed on or after October 16, 2024, with an automatic stay and a conciliation conference you must attend.
Should I pay someone to negotiate with my lender?
Federal rules generally prohibit charging advance fees for mortgage relief services (12 CFR 1015). HUD-approved housing counselors help for free.
Sources: 12 CFR 1024.41; Housing Finance Agency Law, 35 P.S. §1680.403c; PHFA HEMAP; Montgomery County Mortgage Foreclosure Diversionary Program guidelines; Montgomery County sheriff sales; HUD housing counselors. Checked November 15, 2026.