What Is an Act 91 Notice in Pennsylvania?

Introduction

One common question Pennsylvania homeowners may ask is:

“What is an Act 91 Notice?”

If you received an Act 91 Notice, it can feel intimidating. The language may sound serious, and it may be the first time foreclosure feels real.

However, an Act 91 Notice does not automatically mean your home is gone.

It means you should act quickly, read the notice carefully, and understand what options may still be available.

This article is for general information only. I am not an attorney, lender, housing counselor, CPA, or financial advisor. If you receive an Act 91 Notice, you should speak with your mortgage servicer, a qualified housing counselor, and appropriate legal or financial professionals as soon as possible.

Short Direct Answer

An Act 91 Notice is a Pennsylvania foreclosure-related notice that may inform a homeowner of the right to apply for HEMAP, the Homeowners’ Emergency Mortgage Assistance Program. PHFA’s Act 91 Notice states that homeowners may be eligible for state-funded assistance from HEMAP and that applying for HEMAP may temporarily stop a foreclosure action.

If you receive an Act 91 Notice, do not ignore it.

The notice may include important deadlines, counseling information, and instructions for applying for help.

Why Did I Receive an Act 91 Notice?

A homeowner may receive an Act 91 Notice because they are behind on their mortgage and the lender or mortgage servicer may be preparing to move forward in the foreclosure process.

The notice is part of Pennsylvania’s foreclosure-prevention process.

It does not necessarily mean there are no options left.

In fact, the Act 91 Notice may be important because it can point the homeowner toward HEMAP counseling and possible mortgage assistance.

The key is timing.

If you wait too long, your options may become more limited.

What Should I Do First?

If you receive an Act 91 Notice, here are some practical first steps:

• Open and read the entire notice.
• Save the envelope and all paperwork.
• Look for the date on the notice.
• Pay attention to deadlines.
• Contact a HEMAP-approved counseling agency.
• Contact your mortgage servicer.
• Ask what options may be available.
• Consider speaking with an attorney if legal action has started.

PHFA’s Act 91 Notice states that homeowners must have a face-to-face meeting with a HEMAP-approved counseling agency within 33 days of the notice date to apply for HEMAP.

That deadline matters.

What Is HEMAP?

HEMAP stands for Homeowners’ Emergency Mortgage Assistance Program.

PHFA says HEMAP was created to help Pennsylvania homeowners who, through no fault of their own, are financially unable to make mortgage payments and are in danger of losing their homes to foreclosure. PHFA also explains that HEMAP is a loan program, not a grant, and that funds loaned must be repaid.

This does not mean every homeowner will qualify.

Eligibility depends on the homeowner’s situation, hardship, ability to resume payments, property type, occupancy, and other program requirements.

But if you receive an Act 91 Notice, HEMAP is important enough that you should look into it immediately.

Does an Act 91 Notice Mean I Have To Sell My Home?

No.

Receiving an Act 91 Notice does not automatically mean you have to sell your home.

Selling may become one option, but it is not the only possible option.

Depending on the situation, homeowners may be able to explore:

• HEMAP
• Loan modification
• Repayment plan
• Forbearance
• Refinance or home equity options, if realistic
• Bankruptcy attorney review
• Housing counseling
• Traditional sale
• Short sale
• Investor sale

The right path depends on the homeowner’s income, equity, hardship, mortgage balance, timeline, and goals.

Sometimes the goal is to stay in the home.

Sometimes the goal is to sell before the situation gets worse.

Either way, the first step is understanding the options.

When Should I Talk To A REALTOR®?

A REALTOR® should not replace a mortgage servicer, housing counselor, attorney, CPA, lender, or financial advisor.

However, a REALTOR® may be helpful if you need to understand the real estate side of the situation.

That may include:

• Current home value
• Estimated equity
• Market demand
• Likely sale timeline
• Estimated net proceeds
• As-is sale options
• Traditional sale vs. investor offer comparison
• Whether selling before sheriff sale may be realistic

If selling becomes part of the conversation, knowing the value of the home and the timeline needed to sell can help the homeowner make a more informed decision.

Downloadable Foreclosure Resource Sheet

I also created a Pennsylvania Foreclosure Resource Sheet that homeowners can use to organize questions, documents, and possible next steps.

It includes:

• First steps to take
• Options to explore
• Information to gather
• Questions to ask before deciding whether to sell
• Professionals who may be able to help
• Trusted resources to start with

Download PDF file here:

This resource is for general education only. It does not replace legal, financial, tax, mortgage, or housing counseling advice.

My Advice

If you receive an Act 91 Notice, do not panic.

But also do not wait.

The notice may contain deadlines that matter. The sooner you contact your mortgage servicer, speak with a housing counselor, and gather information, the more options you may be able to review.

Selling is not always the answer.

But understanding your home’s value, your timeline, and your available options is always useful.

Frequently Asked Questions

Is an Act 91 Notice the same as foreclosure?

An Act 91 Notice is related to the foreclosure process, but receiving one does not necessarily mean your home is already lost. It may provide information about applying for HEMAP and contacting a counseling agency.

Can an Act 91 Notice help me apply for HEMAP?

Yes. PHFA’s Act 91 Notice states that homeowners may be eligible for assistance from HEMAP and must meet with a HEMAP-approved counseling agency within 33 days of the notice date to apply.

Is HEMAP free money?

No. PHFA states that HEMAP is a loan program, not a grant, and funds loaned must be repaid.

Should I call my mortgage company?

Yes. PHFA advises homeowners having trouble making mortgage payments to contact their servicer as soon as possible and not ignore letters or calls from the servicer.

Do I need an attorney?

If legal paperwork has been filed, a sheriff sale is scheduled, or you are unsure of your rights, speaking with an attorney is a good idea.

Can I still sell my home after receiving an Act 91 Notice?

Possibly. Selling may still be an option depending on your timeline, equity, mortgage payoff, and foreclosure status. A REALTOR® can help you understand the real estate side, but you should also speak with your servicer and appropriate legal or financial professionals.

Concerned About an Act 91 Notice?

If you received an Act 91 Notice and want to understand the real estate side of your situation, I can help you review your home’s value, possible equity, market timeline, and sale options.

Selling is not always the only option.

But understanding your property value and timeline can help you make better decisions.

Contact Ben Perfetto, REALTOR® with Coldwell Banker Realty, to discuss your real estate options and next steps.