An Act 91 notice is the letter most Pennsylvania mortgage lenders send before they can start a foreclosure, telling you how far behind you are and that you may qualify for HEMAP, the state's emergency mortgage loan program. It gives you 33 days from the date on the notice to have a free face-to-face meeting with a HEMAP-approved counseling agency (35 P.S. 1680.403c).
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This letter is a warning, not a lawsuit. Nothing has been filed in court yet, and the notice itself is designed to point you to help. The most useful thing you can do today is call one of the agencies listed with it.
Act 91 of 1983 added an emergency mortgage assistance program to Pennsylvania's Housing Finance Agency Law. It also created the notice. Before a lender can demand the whole loan balance or file a foreclosure on a covered home, it has to send this notice. The law says it can only be sent once you are at least sixty days behind on payments or otherwise in default, and the lender has to send it at least thirty days before it asks for full payment or files suit.
The notice has a standard form set by the Pennsylvania Housing Finance Agency (PHFA). It includes an account summary showing the months you missed and the total past due, a list of approved counseling agencies, and an explanation of your options.
The law gives you thirty days plus three days for mailing to meet face to face with a HEMAP-approved consumer credit counseling agency. In practice that is 33 days from the date printed on the notice (PHFA says the postmark date on the envelope counts if it is later). PHFA says the meeting can be in person or by a live video connection. The meeting is free, and it is the only way to apply for HEMAP.
Why it matters:
HEMAP is a loan, not a grant, and it has to be repaid. It is meant for people who fell behind because of something outside their control, like a layoff, a serious illness, a divorce or a separation. According to PHFA's HEMAP page, the basic rules include:
HEMAP is funded by state money and loan repayments. On October 19, 2026, PHFA's HEMAP page still listed participating counselors by county and explained how to apply, and it did not say applications were closed. Funding can change, so ask the counseling agency when you call.
If you miss the deadline or do not meet with an agency, the law lets the lender move ahead with legal action without any further Act 91 steps. That usually means a foreclosure lawsuit. You can still apply for HEMAP late, but a late application does not stop the foreclosure on its own. If a late application is approved, the foreclosure is put on hold.
Act 6 (the Loan Interest and Protection Law) is a separate law that also requires a notice of intention to foreclose and gives you a right to cure. For most homeowners, the Act 91 notice does double duty: the law says it includes the information Act 6 requires and replaces any other notice required by law. The notice itself explains the Act 6 right to cure, which lets you catch up on what you owe, including reasonable fees and costs, up to one hour before a sheriff sale, up to three times in a calendar year.
PHFA lists cases where a lender does not have to send an Act 91 notice, including FHA Title II loans, business properties, homes that are not your main home or are not one- or two-family homes, and loans where you are already far behind or owe too much in arrears for HEMAP. PHFA also says lenders on USDA or Rural Housing loans do not have to send one, but those homeowners may still apply for HEMAP. If you got a foreclosure complaint without ever seeing an Act 91 notice, mention that to a lawyer or counselor.
The counselor can also help you ask your lender for a repayment plan or loan modification, and explain options like selling the house or a short sale. Read what a notice of default means and selling a house before foreclosure in Pennsylvania. If a lawsuit has already been filed, see a letter from the sheriff about your house.
You have 33 days from the date on the notice to meet face to face with a HEMAP-approved counseling agency (35 P.S. 1680.403c). Call an agency the day you get it, since appointments can take time.
Not yet. It is the warning a lender sends before it can file. The lender cannot start a foreclosure until the HEMAP time limits run out or PHFA decides your application.
No. HEMAP is a loan that has to be repaid. PHFA says it is capped at $60,000 and is meant for people who fell behind through no fault of their own.
You can still apply, but a late application does not stop the foreclosure by itself. If it is approved, the foreclosure is put on hold. Call a counseling agency anyway.
The face-to-face meeting with a HEMAP-approved agency is free. HUD-approved counselors at 1-800-569-4287 are free or low-cost.
No. Orrindale is free to homeowners and we are not a buyer. If we have local buyers working in your county we will introduce you, you choose who to talk to, and you are never under any obligation. If we do not, we will still point you to free help.
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This page is general information, not legal or tax advice. For your specific situation, consult a licensed attorney in your state or the relevant agency. Orrindale is a matching service, not a law firm, lender, or government program.