Rule 1141.Definition. Conformity to Civil Action.
Adopted September 30, 1949 · Last amended March 13, 2007 · Last verified June 30, 2026
Full Text of Rule 1141
Plain-English Summary
This chapter governs the action that lets a lender foreclose a mortgage and force a sale of the property. The opening rule defines what counts as such an action: foreclosing a mortgage on an estate, leasehold, or interest in land, or on land together with personal property, but not a suit to recover a borrower's personal liability on the debt. Beyond the chapter's special rules, the case runs on ordinary civil procedure.
The line between foreclosing the property and suing on the personal debt matters, because the two remedies follow different paths.
Frequently Asked Questions
What does a mortgage foreclosure action do?
It forecloses a mortgage on land (or land and personal property) so the property can be sold to satisfy the debt.
Does this chapter cover a suit on the borrower's personal liability?
No. An action to enforce personal liability on the debt is excluded from this chapter.
Official Note
Official Note: Section 9604(a) of the Uniform Commercial Code, 13 Pa.C.S. § 9604(a), provides that if a security agreement covers both personal and real property, the secured party may elect to proceed as to both the real property and the personal property in accordance with its rights with respect to the real property, in which case the other provisions of Article 9 of the Uniform Commercial Code do not apply.
Amendment History
The provisions of this Rule 1141 adopted September 30, 1949, effective April 1, 1950; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended March 13, 2007, effective June 1, 2007, 37 Pa.B. 1411. Immediately preceding text appears at serial page (302480).