Act 91 Notice in Pennsylvania: Your Rights and Next Steps

If you opened your mailbox and found an official-looking letter called an "Act 91 Notice," your heart probably sank. You might be wondering what it means, whether you are about to lose your home, and what you should do next. Take a breath. This notice is serious, but it is not the end. In fact, it is the beginning of a window of opportunity that Pennsylvania law gives you specifically so you can protect yourself. Let us walk through exactly what this notice means and what you need to do right now.

What Is an Act 91 Notice?

An Act 91 Notice is a formal letter that your mortgage lender is required by Pennsylvania law to send you before they can start foreclosure proceedings. The name comes from Act 91 of 1983, also known as the Homeowner's Emergency Mortgage Act, which was passed specifically to protect Pennsylvania homeowners from losing their homes without having a chance to get help.

In plain English, here is what the notice means: your lender is telling you that you have fallen behind on your mortgage payments, and they are preparing to take legal action. But before they can file a foreclosure lawsuit, Pennsylvania law requires them to give you this notice and a chance to get help.

This is important: the Act 91 Notice is not a foreclosure filing. It is a warning that foreclosure is coming. You still have time to act, and the law is on your side right now. But that window will not stay open forever.

Why Did You Receive This Notice?

You received an Act 91 Notice because you have missed mortgage payments, typically three or more months. Your lender has decided to move forward with foreclosure, and Pennsylvania law requires them to notify you and give you a fair chance to seek assistance before they can go to court.

The notice will include specific information: the amount you owe, the fact that you have the right to meet with a housing counseling agency, and contact information for agencies in your area. It will also tell you about the HEMAP program, which we will explain below. Read every word of this notice carefully. It contains information you will need.

Your 30-Day Window: What You Must Do

From the date you receive the Act 91 Notice, you have 30 days to take action. This is not a suggestion; it is a critical deadline. During these 30 days, you should do the following:

The 30-day window matters because if you do not respond, your lender can move forward with filing a foreclosure complaint in court. Once that happens, the process accelerates and your options begin to narrow. Acting within this window gives you the best chance of a positive outcome.

The HEMAP Program: Emergency Mortgage Assistance

HEMAP stands for the Homeowners' Emergency Mortgage Assistance Program. It is a Pennsylvania state program that provides loans to homeowners who have fallen behind on their mortgage through no fault of their own. If you qualify, HEMAP can bring your mortgage current while you get back on your feet.

Here is how it works: HEMAP provides a loan (not a grant) that pays your past-due mortgage balance. You then repay HEMAP over time, usually at a very low interest rate. To qualify, you generally need to:

• Be a Pennsylvania resident who lives in the property as your primary home
• Have fallen behind due to circumstances beyond your control (job loss, medical emergency, divorce, etc.)
• Have a reasonable chance of being able to resume regular payments
• Have applied within 60 days of being served with a foreclosure notice

HEMAP is not available to everyone, and the program has limited funding. But if you qualify, it can be a lifeline. A housing counseling agency can help you apply. You can also call us at (570) 435-7752 and we will point you to the right resources.

Housing Counseling Agencies in Your Area

Your Act 91 Notice will list HUD-approved housing counseling agencies that serve your area. These agencies provide free foreclosure prevention counseling. They can help you understand your options, communicate with your lender, and apply for assistance programs.

It is important to understand what a housing counselor can and cannot do. They can explain your options and help you prepare applications for programs like HEMAP. They can also act as an intermediary between you and your lender. However, they are not attorneys and cannot provide legal representation. If your situation requires legal help, they can refer you to an attorney who specializes in foreclosure defense.

If you are not sure which agency to contact, or if you want someone to walk you through the process, call us. We work with these agencies regularly and can connect you with the right people quickly.

What Happens If You Ignore the Act 91 Notice

We understand the temptation to put that letter in a drawer and pretend you never received it. Fear and shame are powerful, and the last thing you want to do when you are overwhelmed is deal with more paperwork. But ignoring an Act 91 Notice is the single worst thing you can do.

Here is what happens if you do nothing:

• After 30 days, your lender can file a foreclosure complaint in court.
• If you do not respond to the complaint within 20 days, the court can enter a default judgment against you.
• Once the judgment is entered, the lender can schedule a sheriff sale, where your home will be auctioned off to the highest bidder.
• After the sheriff sale, you can be evicted and may still owe a deficiency balance (the difference between what you owed and what the home sold for).
• A foreclosure stays on your credit report for 7 years and can drop your score by 200 to 300 points.

The entire process from Act 91 Notice to sheriff sale can take anywhere from 6 months to over a year, depending on the county and the lender. But every day you wait, you lose leverage. The Act 91 Notice is your best opportunity to take control of the situation. Learn what happens at a sheriff sale in PA.

How PA Property Rescue Can Help During This Window

When you call us after receiving an Act 91 Notice, here is what happens: we sit down with you (in person or over the phone) and review your entire situation. We look at your mortgage balance, your property value, your income, and your goals. Then we lay out every option available to you. No sales pitch. No pressure. Just clear information so you can make the best decision for your family.

Depending on your situation, your options might include:

• Loan Modification: If you want to keep your home and have some income, we can connect you with attorneys who specialize in negotiating new terms with your lender, potentially lowering your monthly payment by hundreds of dollars.
• Short Sale: If you owe more than your home is worth and keeping it is not realistic, a short sale lets you sell the home, eliminate the debt, and protect your credit far better than a foreclosure would. Many banks even provide relocation assistance.
• Cash Offer: If you have equity in the home, our investor network can provide a competitive cash offer, allowing you to pay off the mortgage and walk away with money in your pocket.
• Deed in Lieu: In some cases, voluntarily transferring the property to the bank on your terms is cleaner and less damaging than a foreclosure.
• HEMAP Application: We can help you understand whether you qualify and connect you with the right counseling agency to apply.

The key advantage of acting now, while you are still in the Act 91 window, is that you have time and leverage. Your lender has not filed a lawsuit yet. They are still required to work with you. The further this process goes, the harder it becomes to negotiate a favorable outcome.

You Are Not Alone in This

Receiving an Act 91 Notice does not mean you failed. Life happens. Job losses, medical emergencies, divorces, and unexpected expenses can derail anyone's finances. We have worked with hundreds of Pennsylvania families in this exact situation since 2019, and we have seen people come out the other side stronger than they were before.

The most important thing you can do right now is pick up the phone. Call us at (570) 435-7752. The conversation is completely free, completely confidential, and there is no obligation. We are not going to judge you or pressure you. We are going to listen, explain your options, and help you figure out the best path forward.

Your 30-day window is a gift. Use it. The families who come through this in the best shape are the ones who act quickly and get the right help. That is exactly what we are here for.