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State lawVerified Sep 23, 2026Notices, the sale and your chance to catch up

Right to cure up to one hour before the sheriff’s sale

41 P.S. § 404

In plain words

Under Act 6, you can cure the default and stop the sale by paying the past-due amounts plus allowed fees and costs any time up to one hour before bidding starts at the sheriff’s sale. You can use this right up to three times a year.

Who is protected

Pennsylvania residential mortgage borrowers covered by Act 6.

When it applies

  • Only in Pennsylvania.
  • Only after a notice of default or once a sale date is set.
  • Only if the home is your primary residence.
Check whether it applies to you

What you can do

  • Ask for the cure amount in writing

    Request the exact arrears, fees and costs so you can pay in time.

    Deadline: Up to one hour before bidding at the sheriff’s sale

    Open the tool
  • Read your state guide and find free help

    Open the state page for the process, deadlines and legal-aid contacts in your state.

    Open the tool

Honest limits

  • Only three cures per calendar year; you must pay the full arrears plus allowed charges.
  • This is general education, not legal advice. Laws change and details matter — check the current official text or talk to a legal aid lawyer or HUD-approved housing counselor.

The law

  1. State lawAct 6 — right to cure

    41 P.S. § 404

    What it says: The residential mortgage debtor may cure up to one hour before bidding at the sheriff’s sale, up to three times a year.

    Read the official text

Court cases

  • Homeowner lostSame topic
    Boren v. U.S. National Bank Ass'n

    Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)

    a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period

  • Homeowner lostSame topic
    Martins v. BAC Home Loans Servicing, L.P.

    Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)

    a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable

  • Partial winSame topic
    Reinagel v. Deutsche Bank National Trust Co.

    Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)

    a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable

  • Partial winSame topic
    Culhane v. Aurora Loan Services

    Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)

    a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful

  • Homeowner wonSame topic
    Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.

    Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)

    the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires

  • Homeowner lostSame topic
    Whittier v. Ocwen Loan Servicing, L.L.C.

    Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)

    a RESPA claim against a servicer fails without evidence of actual damages caused by the violation

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