An Act 91 notice is a Pennsylvania letter your lender must send before foreclosing on most homes, usually once you are 60 days behind. It gives you 33 days (30 plus 3 for mailing) to meet face-to-face with an approved counseling agency. That meeting is the only way to apply for the state's HEMAP emergency mortgage loan.
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An Act 91 notice is long and written in legal language, and it can feel like the start of losing your home. It is actually a protection: Pennsylvania built in time and free help, and this letter is your key to both.
An Act 91 notice is a required warning that you are behind on your mortgage and that you may apply for state help before the lender can sue to foreclose. It comes from the Homeowner's Emergency Mortgage Assistance Act of 1983, known as Act 91 (35 P.S. §1680.401c and following).
The law requires the lender to send it once you are at least 60 days contractually delinquent (35 P.S. §1680.403c). It tells you how much you owe and how to reach a free counseling agency. For the full state process, see our Pennsylvania foreclosure help guide.
You have 33 days from the date on the notice to meet with an approved counseling agency. The statute sets it as 30 days plus 3 days for mailing.
If you meet in time, the counseling agency sends your HEMAP application to PHFA within 30 days of the meeting, and the lender generally cannot sue during that time. PHFA's lender page adds that when homeowners apply on time, no legal action should be taken until a decision is made.
If you miss the 33 days, the notice itself says you can still apply for HEMAP, but a late application will not stop your lender from foreclosing. That is why the meeting is the single most important step.
Act 91 tells you about HEMAP and counseling; Act 6 is a notice of intention to foreclose that gives you a chance to cure. Lenders usually combine them into one letter, and the Act 91 notice is used in place of a separate Act 6 notice when both apply.
| Act 91 notice | Act 6 notice | |
|---|---|---|
| Law | Homeowner's Emergency Mortgage Assistance Act (35 P.S. §1680.403c) | Loan Interest and Protection Law (41 P.S. §403) |
| Main purpose | Offer counseling and HEMAP | Warn of foreclosure and offer a cure |
| Time given | 33 days to meet a counselor | At least 30 days before the lender sues |
| Cure right | Up to one hour before sheriff's sale bidding, up to three times a year (41 P.S. §404) | Same cure right (41 P.S. §404) |
If you got only an Act 6 notice, your loan may not qualify for Act 91, for example if the home is not your owner-occupied one- or two-family residence. Ask a counselor or attorney to check.
HEMAP is still operating in 2026: PHFA lists the program and has posted its interest rate for 2026 HEMAP loans. PHFA says you must meet these basic rules:
HEMAP is a loan, not a grant. PHFA records it as a mortgage lien and requires monthly repayments of at least $25, based on your income. You can call PHFA at 1-800-342-2397. For other programs, see help with mortgage payments.
If you ignore it, the lender can file a foreclosure lawsuit after the notice period ends, and you lose the HEMAP stay. Pennsylvania foreclosure is judicial, so the next paper is usually a complaint filed in the county Court of Common Pleas.
You still have rights after that, including the right to answer the complaint and to cure before the sheriff's sale. But acting during the 33 days gives you the most protection. Our page on being served foreclosure papers explains what comes next.
This is what HEMAP is built for. Book the counseling meeting now and bring proof of the hardship.
Ask the lender for a cure amount and ask about a loan modification while HEMAP is reviewed.
A counselor can explain a short sale or deed in lieu. Selling before the sheriff's sale, including to a direct cash buyer, is another option.
Apply for HEMAP anyway, and talk to a foreclosure attorney or legal aid right away, since the lender may already be able to sue.
Sources (checked 2026-09-26):
It is a Pennsylvania notice lenders must send before foreclosing on most owner-occupied homes. It explains that you are behind and gives you 33 days to meet a counseling agency and apply for the HEMAP emergency loan.
Yes. PHFA's notice says you may still apply after the deadline, but a late application will not stop your lender from filing foreclosure. Apply as soon as you can.
It is a loan. PHFA records it as a lien on your home, and you repay it based on your income, at least $25 a month for each mortgage assisted.
Not yet. It is a pre-foreclosure notice. The lender cannot sue until the notice period runs, and in Pennsylvania a court must approve the foreclosure before any sheriff's sale.
PHFA says it decides within 60 days after it receives your application. The counseling agency has 30 days after your meeting to send the application in.
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