Home » What is the Act 91 Notice of Foreclosure in Pennsylvania?

What is the Act 91 Notice of Foreclosure in Pennsylvania?

Getting an Act 91 from your bank warning you of an imminent foreclosure can be frightening. But how serious is this letter, and how can homeowners in Pennsylvania respond to it?

Banks send Act 91 notice of foreclosure letters when homeowners have defaulted on their mortgages. This is done to remain in compliance with Pennsylvania laws surrounding mortgage foreclosure. If you get an Act 91 notice of foreclosure letter, you must respond immediately and start building your defense against foreclosure. Within 30 days of getting this letter, you might be served with a mortgage foreclosure lawsuit. Should this happen, and you are unable to cure your mortgage, you can file for bankruptcy to repay your lender and retain your property in Pennsylvania.

You can schedule a free case assessment with our Philadelphia bankruptcy lawyers when you call Young, Marr, Mallis & Associates at (215) 701-6519.

What is an Act 91 Notice of Foreclosure in Pennsylvania?

In Pennsylvania, there are certain procedures a lender must follow if they intend to foreclose upon a borrower’s residential property. This includes sending certain notices to a borrower, such as an Act 91 notice letter.

Foreclosure is a complicated process. There are laws in place to ensure all parties are properly informed and have time to respond to certain actions. This includes a law requiring lenders to send homeowners an Act 91 notice, the final notice before the foreclosure begins.

Act 91 notices are generally sent to homeowners with conventional home mortgages. If you have a mortgage through the Federal Housing Administration or the U.S. Department of Agriculture, you will receive a different notice all together, an Act 6 notice. Regardless of the specific notice you receive, it will generally contain similar information, whether it is an Act 91 notice or an Act 6 notice. If you receive a notice of foreclosure in the mail from your bank, confer with our Pennsylvania bankruptcy lawyers. The letter will likely comply with Act 91, meaning you might not receive another notice before the foreclosure process starts in court, giving you little time to act. Those that get Act 91 notices might also be eligible for assistance through the Homeowners’ Emergency Mortgage Assistance Program.

When Will You Receive an Act 91 Notice of Foreclosure in Pennsylvania?

Defaulting on one’s mortgage, or failing to meet mortgage payments for some time, will likely result in a borrower receiving an Act 91 notice of foreclosure letter in the mail from their bank.

Banks can start mortgage foreclosure in Pennsylvania when borrowers have been delinquent for at least 120 days. So, if you have missed mortgage payments for a few months, your home could be foreclosed upon relatively quickly. Before this can happen, banks must send notices to borrowers, such as Act 6 and Act 91 notices. Again, lenders generally send these notices simultaneously, within the same letter. These letters must be sent 30 days before mortgage foreclosure filings are submitted to the court, meaning homeowners might receive them in as little as 90 days of defaulting on their mortgages.

If you are at risk of receiving an Act 91 notice because you are about to default on your mortgage, you can contact your bank and attempt to negotiate an agreement that helps you avoid foreclosure. Banks are sometimes more or less open to negotiations based on a borrower’s specific situation and delinquency status.

What Should You Do if You Get an Act 91 Notice of Foreclosure in Pennsylvania?

If you receive a letter from your bank regarding imminent foreclosure, inspect it to see if it complies with Act 91 rules. If it does, you will have about a month to respond to your lender before a foreclosure case is filed in court in Pennsylvania.

Do not ignore an Act 91 notice of foreclosure letter. Doing so could put you at risk of losing your home. Homeowners generally have 30 days between receiving this letter and being served with a foreclosure lawsuit.

After getting an Act 91 notice of foreclosure letter from your bank, contact our lawyers. Our Trevose, PA bankruptcy attorneys can begin building a defense against foreclosure, which might include finding proof of your bank’s predatory lending practices. State and federal laws protect homeowners from foreclosure in certain situations, which our attorneys may be able to cite in your defense. Suppose you do not act after receiving a notice of foreclosure letter. In that case, you may be unable to build a viable defense and be at a greater risk of your home being foreclosed upon in Pennsylvania.

Can You Save Your Home if You Get an Act 91 Notice of Foreclosure in Pennsylvania?

While certainly serious, an Act 91 notice of foreclosure letter is not the end of the world. Even if you do not have a defense against foreclosure or you cannot cure your mortgage before foreclosure takes place, there are ways for you to retain your home in Pennsylvania.

When foreclosure is imminent, homeowners can file for bankruptcy. Doing this will halt any attempts to foreclose upon your home. Even if foreclosure has begun and your home is about to be sold in a sheriff’s sale, filing for bankruptcy can stop that sale from occurring. Pennsylvania does not have a right of redemption for homeowners whose properties have been sold in sheriff’s sales, which is why stopping such sales from happening is of the utmost importance.

If the majority of your debt surrounds your mortgage, you may be able to settle it within a matter of months or a few short years, depending on the bankruptcy chapter you file. When a homeowner enters bankruptcy, lenders might be more open to negotiating to lower a homeowner’s immediate mortgage payments and restructure the existing agreement to make payments easier for a homeowner. Even if your bank is not open to negotiations, bankruptcy can enable you to repay your lender, whether through a repayment plan or asset liquidation, so that you are no longer at risk of losing your home in Pennsylvania.