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Pennsylvania · ForeclosurePennsylvania deficiency judgments: a fair market value petition within six months of the sheriff's deed

Under Pennsylvania's Deficiency Judgment Act, when real property is sold directly or indirectly to the judgment creditor in execution proceedings for less than the judgment, interest and costs, and the creditor wants the balance, it must petition the court to fix the fair market value of the property sold (42 Pa.C.S. §8103(a)). The petition must be filed within six months after the sheriff's deed is executed and delivered (42 Pa.C.S. §5522(b)(2)). After the court fixes the value, the debtor is released to the extent of the fair market value less prior liens, costs, taxes and municipal claims not discharged by the sale (§8103(c)(5)). If no petition is filed in time, the debtor or another interested person can petition to have the judgment marked satisfied, released and discharged (§8103(d)), and any agreement waiving these protections is void (§8103(e)).

What the statutes set

  1. Petition (§8103(a))

    Creditor asks the court to fix fair market value when the sale price falls short.

  2. Six months (§5522(b)(2))

    From execution and delivery of the sheriff's deed.

  3. Credit (§8103(c)(5))

    Fair market value less prior liens, costs, taxes and municipal claims.

  4. No petition (§8103(d)–(e))

    Judgment can be marked satisfied; waivers are void.

What the TC notes on a Pennsylvania sheriff's sale or short sale file

  • Record the sheriff's sale date and the date the sheriff's deed was delivered.
  • Calendar six months from the deed for any fair market value petition.
  • Send deficiency questions to the seller's attorney; the TC tracks the lender's approval letter.

Questions about Pennsylvania deficiency judgments

How long does a Pennsylvania lender have to seek a deficiency?

The fair market value petition must be filed within six months after the sheriff's deed is executed and delivered (42 Pa.C.S. §5522(b)(2)).

What happens if the lender misses the six months in Pennsylvania?

The debtor or another interested person can petition the court to mark the judgment satisfied, released and discharged (42 Pa.C.S. §8103(d)).

Related guides

Track the sheriff's deed date and the six-month window as tasks on the deal in ClosingCode.

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Sources: 42 Pa.C.S. §§5522, 8103 (palegis.us), read October 31, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.