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Pennsylvania allows deficiency judgments after foreclosure:

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Question & Answer

Review the question and all answer choices

A

Never

Pennsylvania does permit deficiency judgments, so 'Never' is factually incorrect. The state is not an anti-deficiency state like California (for purchase money mortgages) or Arizona, and lenders retain the right to pursue borrowers for remaining balances after foreclosure.

B

Only for commercial properties

Pennsylvania's Deficiency Judgment Act applies to both residential and commercial properties β€” there is no statutory limitation restricting deficiency judgments to commercial properties only. Residential mortgage borrowers are equally subject to deficiency judgment actions.

C

Yes, if the lender petitions within 6 months

While it is true that the lender must petition within 6 months, this answer is incomplete and therefore incorrect because it omits the critical fair market value determination requirement. The six-month timeline is only one component of the process β€” without the fair value hearing requirement, this answer misrepresents how Pennsylvania's deficiency judgment process actually works.

D

Only with court approval and fair value determination

Correct Answer

Why is this correct?

Under Pennsylvania's Deficiency Judgment Act (42 Pa. C.S. Β§ 8103), a lender seeking a deficiency judgment must file a petition with the court within six months of the sheriff's sale. The court then conducts a fair market value hearing, and the deficiency is calculated as the difference between the mortgage debt and the property's fair market value β€” not the potentially depressed sheriff's sale price. This dual requirement of court approval and fair value determination is what makes Answer D the precise correct answer.

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