Adopted September 30, 1949 · Not amended since adoption · Last verified June 30, 2026
In one sentenceA defendant in a mortgage-foreclosure action may plead a counterclaim, but only one arising from the same transaction or occurrence (or series of them) as the plaintiff’s foreclosure claim.
Full Text of Rule 1148
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A defendant may plead a counterclaim which arises from the same transaction or occurrence or series of transactions or occurrences from which the plaintiff’s cause of action arose.
End
Plain-English Summary
This rule limits the counterclaims a foreclosure defendant may bring. The defendant may assert a counterclaim, but only if it arises from the same transaction or occurrence, or series of transactions or occurrences, as the plaintiff’s cause of action. Unrelated claims cannot be folded into the foreclosure.
Confining counterclaims to the related dispute keeps the foreclosure focused on the mortgage and the borrower’s defenses to it, rather than expanding into separate controversies.
Frequently Asked Questions
Can a foreclosure defendant file a counterclaim?
Yes, if it arises from the same transaction or occurrence as the plaintiff's foreclosure claim.
Amendment History
The provisions of this Rule 1148 adopted September 30, 1949, effective April 1, 1950.
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. This rule has not been amended since its adoption. Last verified June 30, 2026. ·
Official text
Also known as:foreclosure counterclaimsame transaction counterclaimmortgage counterclaim