Pittsburgh Legal Back Talk

Legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus.

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No. 900 In June, Act 70 of 2012 funded the Pennsylvania Housing Finance Agency’s (PHFA) Homeowner’s Emergency Mortgage Assistance Program (HEMAP), which had been shut down for a year.  The mailing of Act 91 Notices by lenders to delinquent borrowers had been discontinued, since PHFA was not financially able to accept any new HEMAP applications. This […]

MORTGAGE FORECLOSURE: Act 6 Notices are required after August 27, 2011.

However, the story of Act 91 does not end here. The primary mission of PHFA,was to administer the emergency loan program that was created through Act 91 in response to the widespread foreclosures during the recession of the early 1980’s. On July 21, 2011, after drastic state budget cuts put PHFA out of the lending business, the Agency and the Department of Banking announced in a bulletin that foreclosing lenders would no longer be required to send Act 91 notices after August 27, 2011. However, the bulletin noted, Notices under Act 6 of 1974 would be required.

MORTGAGE FORECLOSURE: Superior Court Holds that the Act 91 Notice Prescribed by Regulation is Defective; Residential Sheriff Sale is Set Aside for Lack of Jurisdiction.

On January 30, 2012, the Superior Court held that the Act 91 Notice promulgated by the Pennsylvania Housing Finance Agency does not contain an important statutory provision and that, as a result, the courts lack jurisdiction over residential mortgage foreclosures filed by lenders giving the defective notice.


CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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