- Who sends it
- Your lender or servicer, on a form written by the Pennsylvania Housing Finance Agency
- What it starts
- 33 days to meet a HEMAP counseling agency, and at least 30 days before the lender can sue
- Do this first
- Call a counseling agency on the attached list today and book the free face-to-face meeting
What this document is in Pennsylvania
Act 91 of 1983 created the Homeowner's Emergency Mortgage Assistance Program (HEMAP). Under 35 P.S. § 1680.403c, a lender that wants to foreclose must send this notice once you are at least 60 days behind or in another default. The form is headed "Act 91 Notice" and "Save Your Home From Foreclosure", with a Spanish version on the back.
PHFA writes the form, and by law it must include everything an Act 6 notice of intention to foreclose requires. It is "in lieu of any other notice required by law", so for most loans this one notice also does the job of the Act 6 Notice of Intention to Foreclose. It includes an Account Summary with the months missed, an itemized total past due and the amount to cure. See the national page on notices of intent to foreclose.
What it does and does not mean
- It is not a lawsuit, and you do not have to move. The lender cannot speed up the loan or sue until at least 30 days after it sends the notice.
- It is your door to HEMAP. PHFA says the face-to-face meeting is free and is the only way to apply.
- HEMAP is a loan, not a grant, capped at $60,000. It is for owner-occupied one or two family homes when you fell behind through no fault of your own. FHA Title II loans are not eligible, and lenders do not send this notice for them.
- Lenders also do not have to send it if you are more than 24 months behind or more than $60,000 behind, under § 1680.403c(f).
Your 33 days and how to count them
The law gives you 30 calendar days plus 3 days for mailing to meet a counseling agency, so the notice says 33 days from the date of this notice. Count calendar days, starting the day after the date printed on the notice. Do not count from the day it reached your mailbox.
If you meet in time, the counseling agency tells your lenders, and they cannot start a lawsuit for up to 30 calendar days from your first meeting. If you then apply, PHFA must decide within 60 calendar days of getting your application, and no lender may start a foreclosure while it is pending. You can still apply late, but a late application does not stop the foreclosure unless it is approved.
What to do this week
- Call a counseling agency on the list attached to the notice and book the face-to-face meeting. It can be in person or remote. If no list came with it, call HEMAP at 1-800-342-2397.
- Keep the whole notice, including the Account Summary, and bring it to the meeting with proof of income and the reason you fell behind.
- Check the amounts on the Account Summary. Before a case is filed, a lender may charge no more than $50 in attorney fees, and none for the 30-day notice period, under 41 P.S. § 406.
- Ask your servicer for loss mitigation in writing too. HEMAP and a loan modification can be pursued at the same time.
- Read how foreclosure works in Pennsylvania and how to stop foreclosure in Pennsylvania.
Your right to cure
The notice also tells you that you can save the home by curing the default: paying all amounts currently due, plus reasonable late charges, attorney fees and costs. Under 41 P.S. § 404, you can do this up to one hour before bidding starts at a sheriff's sale, no more than three times in a calendar year.
Help and scam warnings
HEMAP counseling agencies do not charge for the application meeting. Anyone who asks for a fee to "apply for you" or to stop the foreclosure is not part of HEMAP. Report them to the Pennsylvania Attorney General. The Pennsylvania Homeowner Assistance Fund (PAHAF) is closed to new applications, so do not wait for it. See Pennsylvania foreclosure help.
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
What if I miss the 33-day deadline on my Act 91 Notice?
You can still apply for HEMAP, but a late application does not stop the lender from foreclosing. If PHFA approves it, the HEMAP loan brings the mortgage current and a foreclosure that has started is stayed while you go to closing.
Can I appeal a HEMAP denial in Pennsylvania?
Yes. PHFA says a written appeal request must be postmarked within 15 days of the date of the denial letter. An appeal does not stop a foreclosure on its own, so keep working with legal aid.
Do I need a separate Act 6 notice if I got an Act 91 Notice?
Usually not. The Act 91 Notice must contain everything the Act 6 notice requires and replaces any other notice required by law. A separate Act 6 notice is used when Act 91 does not apply, such as for FHA Title II loans.
Who do I call about HEMAP?
Start with a counseling agency on your notice's list. PHFA's HEMAP line is 1-800-342-2397 or 717-780-3940.
Other Pennsylvania letters
- Act 6 Notice of Intention to ForeclosePennsylvania's Act 6 requires a residential mortgage lender to give you at least 30 days' written notice, by registered or certified mail, before it speeds up the loan or sues. The notice must state the default and exactly what you must pay to cure it. For most loans this information comes inside the Act 91 Notice; a separate Act 6 notice is used when Act 91 does not apply.
- 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.