In Pennsylvania, a lender is required to send certain notices to the homeowner before it files a foreclosure lawsuit. These notices are often sent by a bank, its servicer or the bank’s law firm. It is wise to open mail regardless of whether you recognize the sender’s name due to the time-sensitive nature of the notices.
Pennsylvania law requires that these notices meet strict legal specifications and our legal team can examine each notice to determine whether the lender is complying with Pennsylvania law. The notices are:
ACT 6 Notice (Intent to Foreclose)
This is the Official Notice of Intent to Foreclose sent to the homeowner from the lender prior to initiation of any foreclosure proceedings. It is not sent until the homeowner is at least 60 days behind on his mortgage payments. The lender must send this notice to the homeowner by first class mail to his last known address and, if different, to the property secured by the mortgage. It officially notifies the homeowner that the mortgage is in default and unless action is taken to cure the default within 30 days, the lender intends to accelerate the mortgage payments (the outstanding balance of the original mortgage becomes due immediately).
ACT 91 Notice (Take Action to Save Your Home from Foreclosure)
This notice, also sent from the lender, informs the homeowner that he/she has 30 days from the date of the ACT 91 Notice to (1) cure the default or (2) contact a HEMAP Consumer Credit Counseling Agency. (3) If the homeowner takes no action within the 30-day period, the lender will instruct her attorney to file a lawsuit and proceed with foreclosure. The ACT 91 Notice provides information about HEMAP (The Housing Emergency Mortgage Assistance Program) and a list of Consumer Credit Counseling Agencies including contact information. The ACT 91 Notice, however, IS NOT sent to homeowners with FHA Title 2 Loans, homeowners more than 24 months delinquent or with past due amounts greater than $60,000.00, or when the home is not owner occupied.