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Pennsylvania Foreclosure Defense Attorney Guidance: Act 91 and HEMAP

Philadelphia skyline from the South Street Bridge, for homeowners consulting a Pennsylvania foreclosure defense attorney

Pennsylvania's notice-first process

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A Pennsylvania foreclosure defense attorney usually starts with the Act 91 notice. For many residential mortgages, Pennsylvania lenders must send this notice before filing, and it tells the homeowner about the state's HEMAP program and counseling.

 

In Philadelphia, Pittsburgh, Allentown, Erie, Reading, Scranton, and Harrisburg, foreclosures then proceed through the county court of common pleas. Philadelphia also has a long-running residential mortgage foreclosure diversion program.

 

 

How foreclosure works in Pennsylvania

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Pennsylvania is a judicial foreclosure state. For many loans, the lender must first send an Act 91 notice, which gives the homeowner a set period to meet with a counselor and apply for HEMAP. If the default continues, the lender files a complaint in mortgage foreclosure, and the homeowner can file an answer.

 

After judgment, the sheriff conducts the sale. Some counties, including Philadelphia, operate diversion or conciliation programs. Pennsylvania allows deficiency judgments, according to Nolo, though the lender must follow specific procedures to pursue one.

 

Process source: Nolo – 50-state foreclosure chart and Nolo Pennsylvania foreclosure law center.

 

 

Pennsylvania foreclosure help programs

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HEMAP is a long-standing state program. PAHAF is no longer accepting new applications.

 

 

 

Options Summit can discuss with Pennsylvania homeowners

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Pennsylvania's notice period and court process give homeowners several opportunities. Summit can review the Act 91 notice, the complaint, and your goals.

 

  • Foreclosure defense – A review of your Pennsylvania notices, loan history and the lender's paperwork to identify any defenses or errors that may help stop foreclosure or slow it down.
  • Loan modification – A request that your servicer change the loan terms so the payment is manageable. It is one of the most common foreclosure prevention tools for Pennsylvania homeowners who want to keep the home.
  • Foreclosure alternatives – A repayment plan, forbearance, short sale or deed in lieu can help you avoid foreclosure when catching up or keeping the property is not realistic.
  • Stop sale dates – If a sale is already scheduled, ask right away about a postponement while a complete loss-mitigation application is reviewed, and about any other step that may stop a sale date in Pennsylvania.

 

Which options are available depends on your loan, your servicer and how much time is left. No outcome is guaranteed.

 

 

Example Pennsylvania foreclosure timeline

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Every loan moves at its own pace, but most Pennsylvania foreclosures pass through the same stages. Because Pennsylvania foreclosures usually go through the courts, there are filing and response deadlines to watch.

 

  1. First missed payment. Late fees begin. Federal mortgage servicing rules generally require the servicer to try to reach you by the 36th day of delinquency and to send written notice of loss mitigation options by the 45th day.
  2. More than 120 days behind. Federal rules generally bar a servicer from starting a foreclosure on a primary residence until the loan is more than 120 days delinquent. This window is the best time to submit a complete loss mitigation application.
  3. Lawsuit filed. The lender files a foreclosure case in court and serves you with a summons and complaint. The papers state a deadline to respond, and missing it can lead to a default judgment.
  4. Judgment and sale date. If the court enters judgment for the lender, it orders a sale and a date is set.
  5. After the sale. What happens next, including any right to redeem, any claim for a remaining balance and the time you have to move out, depends on Pennsylvania law and your loan documents.

 

Timing in your case depends on your loan and your notices. The dates printed on your own documents control.

 

 

Documents your servicer will usually ask for

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Having these ready makes it easier to apply for a loan modification or another foreclosure alternative before a deadline passes.

 

  • The servicer's own application form, often called a Request for Mortgage Assistance
  • Recent pay stubs, or a profit and loss statement if you are self-employed
  • Your last two months of bank statements
  • Your most recent tax returns
  • A short hardship letter explaining what happened and what has changed
  • Your latest mortgage statement and every foreclosure notice you have received
  • A list of your monthly household expenses

 

Requirements vary by servicer and loan type, so confirm the list with your servicer in writing.

 

 

Common mistakes Pennsylvania homeowners make

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  • Ignoring the mail. Notices contain the deadlines that decide which options are still open.
  • Waiting until a sale is close. Federal protections against a sale while an application is under review generally apply only when a complete application reaches the servicer more than 37 days before the sale.
  • Sending an incomplete application. A missing page can restart the review while the foreclosure keeps moving.
  • Relying on phone promises. Ask for any postponement, plan or approval in writing.
  • Trusting a guarantee. Be cautious of anyone who promises to stop a foreclosure or asks you to sign over your deed.
  • Moving out too early. A notice is not a sale. Leaving the home does not end the loan or the foreclosure.

 

 

Pennsylvania Foreclosure FAQ

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What is an Act 91 notice?

 

It is a notice many Pennsylvania lenders must send before foreclosing that explains HEMAP and counseling options.

 

 

What is HEMAP?

 

The Homeowners' Emergency Mortgage Assistance Program, run by PHFA, can provide assistance to eligible homeowners facing foreclosure through no fault of their own.

 

 

Does Philadelphia have a foreclosure diversion program?

 

Yes, Philadelphia has operated a residential mortgage foreclosure diversion program that brings homeowners and lenders together.

 

 

Guides & Resources

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Talk with Summit about your Pennsylvania foreclosure

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Received a Pennsylvania Act 91 notice? The sooner the paperwork is reviewed, the more options tend to remain. Call (866) 259-8777 or book online for a consultation, or contact Summit with questions.

 

Speak directly with our law firm. When you call or send the form on this page, your inquiry comes to Summit Real Estate Law Firm.

 

General information, not legal advice. Attorney licensing and service availability for this state must be confirmed during intake. An inquiry does not establish representation.

 

Get in Touch

Call 866-259-8777 or request a consultation below.

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