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What Is an Act 91 Notice in Pennsylvania?

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.

What the notice is

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 33-day deadline

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:

  • Once you meet with the agency, the agency tells your lenders, and they cannot start a legal action against the house for up to thirty days from that first meeting.
  • If you then apply for HEMAP, the lender cannot start a foreclosure while the application is pending. The law gives PHFA sixty days from receiving the application to decide.
  • PHFA says the counseling agency has thirty days after your meeting to prepare the application and send it in.

What HEMAP is

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:

  • The home is in Pennsylvania, is a one- or two-family home, and is your main home.
  • You are at least 60 days behind and received an Act 91 notice.
  • The loan is not an FHA Title II mortgage. Those are not eligible.
  • You had a good mortgage payment history for the previous five years, apart from the current problem.
  • You have a reasonable chance of getting back to full payments within the time the program allows.
  • PHFA says HEMAP loans are capped at $60,000 and at 24 or 36 months from when the delinquency began, whichever comes first.

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.

What happens if you do nothing

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.

How is this different from an Act 6 notice?

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.

When you might not get one

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.

How to find a counseling agency

  • Use the list that came with your notice.
  • Or use PHFA's county search on its HEMAP page.
  • If you have questions about HEMAP after talking to an agency, PHFA's HEMAP line is 1-800-342-2397.
  • You can also call a free HUD-approved housing counselor at 1-800-569-4287.

Other options to talk through

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.

Frequently asked questions

How long do I have after an Act 91 notice?

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.

Does an Act 91 notice mean I am in foreclosure?

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.

Is HEMAP free money?

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.

What if I missed the 33-day deadline?

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.

Who pays for the counseling meeting?

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.

Does Orrindale buy houses or charge me anything?

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.

Sources

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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.