Pennsylvania homeowners have 20 calendar days from service to file an Answer with New Matter in the PA Court of Common Pleas. The PA Homeowner Assistance Act (Act 91) provides important protections. Here is how to respond.
Pennsylvania is a judicial foreclosure state. The lender must file a Complaint in the Court of Common Pleas. Under PA's Act 91 (35 P.S. § 1680.401c), the lender must send a specific pre-foreclosure notice with information about the Homeowner Assistance Program. Pennsylvania requires "New Matter" in your Answer.
Act 91 Notice Required
Under Act 91, the lender must send you a notice at least 30 days before filing the Complaint informing you of default, the right to cure, and the availability of the Homeowner Emergency Mortgage Assistance Program (HEMAP). Failure to provide this notice is a powerful affirmative defense.
20 Days to Respond
Pa. R.C.P. 1026: 20 days from service. Count from the date you were served with the Complaint.
Include New Matter
Pennsylvania requires you to plead any affirmative defenses under a section called "New Matter" (Pa. R.C.P. 1030). Common new matter defenses: Act 91 non-compliance, lack of standing, statute of limitations, failure to state a claim, and federal law violations.
File in Court of Common Pleas
File in the Prothonotary's office of the Court of Common Pleas in the county where the property is located. No filing fee for defendant's Answer. Serve a copy on the plaintiff's attorney.
| Deadline | 20 calendar days (Pa. R.C.P. 1026) |
| Court | PA Court of Common Pleas (county of property) |
| Filing Fee | None for Answer |
| Key Requirement | Must include New Matter (affirmative defenses) |
| Key Law | Act 91 / HEMAP (35 P.S. § 1680.401c) |
Pennsylvania requires New Matter — missing this can waive your defenses.
Start Your PA Answer