New Act 91 Notice in Effect Now – REQUIRED by September 1, 2016

9/1/2016 | Articles & Alerts

The link below is a new form of the Act 91 pre-foreclosure notice, which must be sent at least 33 days before commencing an owner-occupied residential foreclosure in Pennsylvania

[ Download Act 91 Notice — Fillable Form (PDF) ]

The new form may be used now, and MUST BE USED starting September 1, 2016.

There are new, additional requirements for use of the revised form:

Material changes to the standard Act 91 Notice include the following:

• The notice must be sent in English with a Spanish translation on the reverse side. PHFA has also made the notice available in other languages. While only English and Spanish versions of the Notice are required, the agency encourages lenders, when appropriate, to use other versions in addition to English and Spanish.
• The Notice may not be printed on company letterhead.
• The specific cells in the form may not be added to or deleted. If a particular field is not applicable it is to be marked as “N/A.”
• Except for the entry of the date at the top of each page, and the information relevant to the particular homeowner’s account, no other changes to the content of the notice are permitted. If the necessary information will not fit in the cells provided, the cells may be enlarged, or the form may be generated by the lender, but only in a format identical to the official version.
• Other changes to the form’s fonts and formats are NOT permitted.

The “fact sheet” can also be downloaded via the link below and may be (but need not be) provided to homeowners before, or with, the Act 91 notice.

[ Download HEMAP Fact Sheet (PDF) ]

William J. Levant, Esquire 
KAPLIN STEWART MELOFF REITER & STEIN, P.C. 
wlevant@kaplaw.com 
Post Office Box 3037 
910 Harvest Drive, 2nd Floor (for overnight delivery) 
Blue Bell, PA 19422 
Phone +1 610-941-2474 
Direct Fax +1 610-684-2020 
Check out my blog at www.philadelphiacommerciallitigationlawyerblog.com