Got an Act 91 notice in Pennsylvania? What to do in the next 33 days
Short answer
An Act 91 notice means your lender wants to foreclose, and you have 33 days from the date on the notice to meet face to face with a HEMAP-approved housing counseling agency. That free meeting is the only way to apply for the state's Homeowner's Emergency Mortgage Assistance Program, and a timely application stops the lender from suing while PHFA decides.
- The deadline is 30 days plus 3 days for mailing, which the notice and PHFA state as 33 days from the date of the notice (Act 91, § 403-C; Act 91 notice form).
- The lender can send the notice once you are at least 60 days behind, and must send it at least 30 days before it sues (§ 403-C).
- The counseling agency must get your application to PHFA within 30 days of the meeting, and PHFA decides within 60 days of receiving it (PHFA).
- HEMAP is a loan, not a grant, capped at $60,000 (PHFA).
- You can still cure the default up to one hour before a sheriff's sale, up to three times in a calendar year (Act 91 notice form).
What is an Act 91 notice?
It is the official warning letter Pennsylvania requires mortgage lenders to send before they foreclose. The notice itself says so: "You are receiving this notice because Pennsylvania law requires mortgage lenders to send it to homeowners facing foreclosure" (PHFA, Act 91 notice form).
The name comes from Act 91 of 1983, which created the Homeowner's Emergency Mortgage Assistance Program (HEMAP). The Pennsylvania Housing Finance Agency (PHFA) runs it (PHFA). The law lets a lender send the notice once you are at least 60 days contractually delinquent. The notice must go out at least 30 days before the lender demands full payment or starts any legal action, including foreclosure (Housing Finance Agency Law, § 403-C(a) and (b)(2)).
The notice is not a lawsuit. It is a countdown. Its account summary lists the months you missed, the itemized amount past due, how to contact your lender, and whether the mortgage can be assumed by a buyer.
The 33-day face-to-face meeting
The statute gives you 30 days, plus 3 days for mailing, to meet face to face with a consumer credit counseling agency (§ 403-C(b)(1) and (b)(5)). The notice form and PHFA put it as a single number: meet an approved agency "within 33 days of the date of this notice" (Act 91 notice form). Count from the date printed on the notice, not the day you opened it.
The meeting is free. According to the notice, it is "the only way to apply for HEMAP." A list of approved agencies comes with the notice and is also on the PHFA HEMAP page. Bring the entire notice, including the account summary.
| Step | Deadline or time limit | Source |
|---|---|---|
| Lender sends Act 91 notice | You are at least 60 days behind; notice at least 30 days before suit | § 403-C(a), (b)(2) |
| Face-to-face meeting | Within 33 days of the date of the notice (30 + 3 for mailing) | Act 91 notice; § 403-C(b)(5) |
| Agency notifies your lender | No legal action for up to 30 calendar days from your first meeting | § 403-C(b)(4); PHFA Appendix B |
| Application reaches PHFA | Within 30 days of the face-to-face meeting | PHFA |
| PHFA decision | Within 60 days of receiving the application; no foreclosure filing while it is pending | § 403-C(b)(6) |
| Appeal of a denial | Written request postmarked within 15 days of the denial letter | PHFA |
PHFA says the whole application process can take up to four months. As long as each deadline is met, foreclosure actions stop while the application is processed (PHFA).
Who qualifies for HEMAP?
PHFA lists these requirements (PHFA; § 404-C):
- You are at least 60 days behind and received an Act 91 notice.
- The home is in Pennsylvania, owner-occupied, your principal residence, and a one- or two-family home, not used mainly for business.
- The loan is not an FHA Title II mortgage.
- You had a favorable mortgage credit history for the five years before this delinquency.
- Your hardship comes from circumstances beyond your control. PHFA's examples include layoff, strike or plant closing, serious medical problems, divorce, or separation.
- You have a reasonable prospect of resuming full payments within the time PHFA sets (the statute says 24 months; PHFA's page lists 24/36 months) and paying off the mortgage by maturity.
HEMAP is a loan, not a grant, and it must be repaid. It is limited to $60,000. Repayment is based on income, with a legal minimum of $25 a month per mortgage assisted. A mortgage is recorded against the home at the loan closing (PHFA).
Some loans don't get an Act 91 notice at all, such as FHA Title II mortgages, homes that are not owner-occupied, or arrears over $60,000. PHFA notes that USDA/Rural Housing borrowers may apply with another delinquency notice, typically a Notice of Acceleration.
What if you miss the deadline or don't qualify?
You can still apply late, but a late application does not stop the lender from foreclosing. If a late application is approved, a foreclosure already under way is stayed (§ 403-C(b)(7); Act 91 notice form).
If you miss the meeting or the deadlines, or PHFA denies you, the law lets the lender "take any legal action to enforce the mortgage" without further Act 91 restrictions (§ 403-C(c)). After that, the case goes to the county Court of Common Pleas. Our guide to how long foreclosure takes in Pennsylvania walks through each court stage. In Philadelphia, owner-occupied cases also go through the Mortgage Foreclosure Diversion Program.
Other options remain. The notice says a counselor can talk to your lender about a loan modification or repayment plan, and explain refinancing, a short sale, an assumption, or selling to a third party. You can also cure the default by paying everything due, including reasonable late charges, attorney fees and costs, at any time up to one hour before a sheriff's sale, up to three times in a calendar year.
Selling as an option alongside HEMAP
Selling doesn't replace the counseling meeting. Go to the meeting either way. It is free, it pauses the lender, and the Act 91 notice lists "selling or transferring your property to a third party" among the options a counselor can explain.
If you have equity and don't expect to catch up, a sale before the sheriff's sale pays off the mortgage at closing and leaves the rest to you. To keep it orderly:
- Request a written payoff statement. Servicers usually must send one within 7 business days, though a loan in foreclosure may only get a "reasonable time" (12 CFR 1026.36(c)(3)).
- Tell your counselor and lender that you are selling, and share any sale date.
- Close through a title company that pays the lender directly. Never sign your deed over before closing.
Selling is one option among several. A cash buyer can often close in days to a few weeks because there's no mortgage approval to wait for. If you're comparing choices anywhere in Pennsylvania, including Reading, Scranton or Harrisburg, we can give you a written offer to weigh against HEMAP and your lender's options, with no obligation.
Frequently asked questions
Is it 30 days or 33 days after an Act 91 notice?
Both describe the same deadline. The statute gives 30 days plus 3 days for mailing. The notice form and PHFA state it as 33 days from the date of the notice to meet face to face with an approved counseling agency.
Does an Act 91 notice mean I am already in foreclosure?
No. It is the required warning before foreclosure. The lender must send it at least 30 days before it sues. Meeting an approved counseling agency within 33 days and applying on time keeps the lender from suing while PHFA decides.
What happens if I miss the 33-day Act 91 deadline?
You can still apply for HEMAP, but a late application does not stop the lender from foreclosing. If the late application is approved, a foreclosure already under way is stayed.
Is HEMAP free money?
No. HEMAP is a loan, not a grant, capped at $60,000. You repay it based on income, with a minimum of $25 a month per mortgage assisted, and PHFA records a mortgage on the home.
Can I sell my house after getting an Act 91 notice?
Usually, yes. You still own the home. A sale that closes before a sheriff's sale pays off the mortgage, and the Act 91 notice lists selling or transferring the property as an option a counselor can explain. Go to the free counseling meeting anyway.
How do I contact HEMAP?
Call PHFA at 1-800-342-2397, the number printed on the Act 91 notice. Approved counseling agencies are listed with your notice and on PHFA's HEMAP page.
Sources
- Pennsylvania Housing Finance Agency, Homeowner's Emergency Mortgage Assistance Program (HEMAP)
- PHFA, Act 91 Notice form (Appendix A) and Notification of Face-to-Face Meeting (Appendix B)
- Pennsylvania General Assembly, Housing Finance Agency Law (Act 621 of 1959), Article IV-C, §§ 403-C and 404-C
- Consumer Financial Protection Bureau, Regulation X § 1024.41 and Regulation Z § 1026.36 (payoff statements)
- U.S. Department of Housing and Urban Development, Find a housing counselor
This is general information, not legal or tax advice. Program rules and deadlines can change. For advice on your situation, contact a HEMAP-approved counseling agency, a HUD-approved housing counselor, or a Pennsylvania attorney.