- Who sends it
- Your residential mortgage lender or servicer, by registered or certified mail
- What it starts
- At least 30 days before the lender can accelerate the loan or file a foreclosure
- Do this first
- Check the cure amount, ask for it in writing, and call a housing counselor or legal aid
What this document is in Pennsylvania
Section 403 of the Loan Interest and Protection Law (Act 6 of 1974, 41 P.S. § 403) says a residential mortgage lender must give notice of its intention at least 30 days before it accelerates the loan, starts any legal action including foreclosure, or takes possession. It must be in writing, sent by registered or certified mail to your last known address and to the mortgaged home if different.
For loans covered by HEMAP, the Act 91 Notice contains these items and replaces other notices. You will usually see a stand-alone Act 6 notice when Act 91 does not apply, for example an FHA Title II loan, or arrears over $60,000 or more than 24 months. See the national notice of intent to foreclose page.
What the notice must say
- The loan or property it is about.
- What default the lender claims.
- Your right to cure under section 404, and exactly what you must do, including what sum of money, to cure.
- How long you have to cure.
- How your ownership or possession of the home could end.
- Whether you can transfer the home to someone who takes over the loan, or refinance, and that person's right to cure.
The deadlines and how to count them
- 30 days: the lender must wait at least 30 days after giving the notice before it accelerates or sues. Under 1 Pa.C.S. § 1908, a statutory period excludes the first day and includes the last; if the last day is a weekend or legal holiday, that day is left out of the count.
- Cure: you can cure up to one hour before bidding starts at a sheriff's sale, no more than three times in a calendar year, under 41 P.S. § 404.
- Fees: before a lawsuit, attorney fees are capped at $50, and none may be charged for the 30-day notice period, under 41 P.S. § 406.
What to do this week
- Write down the date the notice was mailed and the cure amount it lists.
- Ask your servicer in writing for an updated cure figure and what fees are included.
- Send a complete loss mitigation application, keeping proof of what you sent and when.
- If your loan is FHA, ask the servicer about FHA loss mitigation options, since HEMAP does not cover FHA Title II loans.
- Call a PHFA-approved housing counselor or legal aid. See Pennsylvania foreclosure help.
What curing does
To cure under 41 P.S. § 404 you pay, by cash, cashier's check or certified check, what would be due without acceleration, do anything else the mortgage requires, and pay reasonable attorney fees allowed by section 406, the reasonable foreclosure costs the lender actually incurred and states in writing, and any late charge in the mortgage. A cure puts you back where you were before the default. Read more on how to stop foreclosure in Pennsylvania.
Scam warnings
We found no Pennsylvania law written just for foreclosure consultants, so be careful with anyone who contacts you after this notice. Never pay an upfront fee or sign over your deed. Report scams to the Pennsylvania Attorney General's consumer complaint page.
The rest of the Pennsylvania process
See how foreclosure works in Pennsylvania, the timeline, ways to stop it and free help in Pennsylvania, or read the national guide to this letter.
Common questions
How long after an Act 6 notice can a Pennsylvania lender sue?
At least 30 days after the notice is given, under 41 P.S. § 403. In practice the case often comes later, because federal rules generally bar filing until you are more than 120 days behind.
Can a Pennsylvania lender charge me attorney fees for the Act 6 notice?
No. Under 41 P.S. § 406, no attorney fees may be charged for legal work before or during the 30-day notice period, and fees before a lawsuit are capped at $50.
How many times can I cure under Act 6?
Up to three times in a calendar year, at any time up to one hour before bidding begins at a sheriff's sale, under 41 P.S. § 404.
Other Pennsylvania letters
- Act 91 Notice (Save Your Home From Foreclosure)The Act 91 Notice is the official Pennsylvania notice a mortgage lender must send before it can foreclose on most home loans. It tells you that you may qualify for a HEMAP loan from the Pennsylvania Housing Finance Agency. You have 33 days from the date on the notice to meet face to face with an approved counseling agency, and meeting in time can pause the foreclosure.
- Complaint in Mortgage Foreclosure and Notice to DefendA Pennsylvania foreclosure starts when the lender files a complaint in mortgage foreclosure in the county Court of Common Pleas. The Notice to Defend on top says you must act within 20 days after it is served. If you do not, the lender must send a 10-day notice before it can enter a default judgment.
- Notice of Sheriff's SaleAfter a judgment, the sheriff posts a handbill on the home and you are served with written notice at least 30 days before the sheriff's sale. You can still cure the default up to one hour before bidding begins, and a court can postpone the sale for good reason.
- Sheriff's Schedule of Proposed DistributionWithin 30 days after a Pennsylvania sheriff's sale, the sheriff files a schedule showing who gets the sale money. Anyone who disagrees has 10 days after it is filed to file exceptions. The sheriff's deed is delivered 20 to 40 days after the schedule is filed, and any money left after liens and costs belongs to you as the former owner.