What Is an Act 91 Notice in Pennsylvania and What Should You Do?
If you’ve received a document in the mail titled “Notice of Intention to Foreclose” or seen the words “Act 91” on legal paperwork related to your home loan, this article is for you. An Act 91 Notice is one of the most important — and misunderstood — pieces of paper a Pittsburgh homeowner can receive. It’s not a foreclosure filing. It’s not an eviction notice. But it is a serious warning that requires an immediate, informed response.
In Pennsylvania, Act 91 of 1983 created mandatory pre-foreclosure requirements designed to give homeowners a chance to catch up on their mortgage before a lender can formally file foreclosure proceedings in court. That’s the good news. The bad news: the window is short, the process is bureaucratic, and if you ignore it, you lose critical legal protections.
At We Buy Property LLC, we work with Pittsburgh-area homeowners who’ve received Act 91 Notices every week. We’ve seen what happens when people respond correctly — and what happens when they don’t. Here’s everything you need to know.
What Is Act 91 and Why Does It Exist?
Act 91 — formally the Homeowner’s Emergency Mortgage Assistance Program Act of 1983 — was passed by the Pennsylvania General Assembly during the early 1980s recession to protect homeowners from rapid foreclosures. It remains one of the few state-level laws in the country that requires lenders to offer homeowners a formal assistance pathway before beginning foreclosure proceedings.
The law applies specifically to owner-occupied, primary residences secured by first mortgages in Pennsylvania. Investment properties, second homes, and rental properties are generally not covered. If you live in your Pittsburgh home as your primary residence and you’re behind on your first mortgage, Act 91 applies to you.
What Does an Act 91 Notice Actually Say?
When a lender sends an Act 91 Notice, it is a formal “Notice of Intention to Foreclose” — a required step under Pennsylvania law before any foreclosure lawsuit can be filed. The notice must contain specific information required by statute:
- The amount of money you are behind (arrears)
- A statement that the lender intends to foreclose if you don’t act
- Information about the Pennsylvania Housing Finance Agency (PHFA) Homeowner’s Emergency Mortgage Assistance Program (HEMAP)
- The name, address, and phone number of a housing counselor or agency you can contact for help
- The deadline by which you must respond
The notice is typically sent by certified mail to your last known address. If you’ve moved and your address of record hasn’t been updated, you may not receive it — which is why monitoring your mail during financial hardship is critical.
The 30-Day Response Window: What It Means
Once you receive an Act 91 Notice, Pennsylvania law gives you 30 days to respond in writing to the lender before they can proceed with foreclosure. This is your statutory protection window. During this 30-day period, the lender cannot file a foreclosure complaint in court.
What does “respond” mean? You have several options:
- Apply for HEMAP assistance — The Pennsylvania Housing Finance Agency’s Homeowner’s Emergency Mortgage Assistance Program provides emergency loans to homeowners who can demonstrate that their hardship is temporary and they can resume payments with help. You must apply through a local housing counseling agency.
- Contact the lender directly — Lenders are required to meet with you or your representative within 10 days of your written response. At this meeting, you may be able to negotiate a repayment plan, loan modification, or forbearance agreement.
- Consult an attorney — A Pennsylvania foreclosure defense attorney can review your options and may find procedural issues in how the notice was sent or the loan was handled.
- Explore selling options — If catching up is not realistic, this window is also the time to explore selling the property — including a cash sale — before foreclosure proceedings begin and damage your credit further.
What Happens If You Ignore an Act 91 Notice?
If you take no action within 30 days, the lender gains the right to file a foreclosure complaint in Allegheny County Court of Common Pleas (or whichever county your property is in). From that point forward, you are in formal judicial foreclosure proceedings — and Act 91’s protective requirements no longer apply in the same way.
Ignoring the notice doesn’t make the problem go away. Pennsylvania is a judicial foreclosure state, meaning every foreclosure must go through the court system — but the process accelerates significantly once a complaint is filed. From complaint filing to sheriff sale, the timeline in Allegheny County typically runs 6 to 18 months, depending on court backlog and whether the homeowner responds to the legal complaint.
With Allegheny County foreclosure filings up 162% year-over-year as of April 2026 (82 filings in April 2025 vs. 215 in April 2026), the courts are increasingly busy. That doesn’t mean you have less time — it means your property is one of hundreds moving through the system simultaneously.
Act 91 vs. Act 6: What’s the Difference?
Homeowners in Allegheny County sometimes confuse Act 91 and Act 6, since both relate to foreclosure protection. Here’s the simple breakdown:
Act 91 (1983) — Pre-foreclosure notice requirement for owner-occupied primary residences. Requires lenders to offer the HEMAP application and a meeting opportunity before filing. Applies before formal court proceedings begin.
Act 6 (1974) — Pennsylvania’s Loan Interest and Protection Law. Requires lenders to give at least 30 days’ advance written notice before accelerating a loan (calling the full balance due). Also sets restrictions on attorney fees and other foreclosure costs. Applies broadly to residential mortgages.
You may receive both an Act 6 notice and an Act 91 notice in sequence from your lender. They serve different legal purposes. If you receive either, consult a housing counselor or attorney as soon as possible.
The HEMAP Program: Is It Right for You?
HEMAP is Pennsylvania’s emergency mortgage assistance program, administered through the Pennsylvania Housing Finance Agency. It provides temporary loans — not grants — to homeowners who:
- Have suffered financial hardship due to circumstances beyond their control (job loss, illness, divorce, death of income earner)
- Can demonstrate a reasonable likelihood of resuming full mortgage payments within a defined period
- Are at least 60 days delinquent on their mortgage
- Own and occupy the property as their primary residence
HEMAP loans must be repaid and are secured by a lien on your property. They are not free money. However, for homeowners who genuinely experienced a temporary hardship and can demonstrate ability to recover, HEMAP can provide a bridge that prevents losing the home entirely.
To apply, you must contact a PHFA-approved housing counseling agency. In Allegheny County, approved agencies include Action Housing, the Housing Alliance of Pennsylvania network, and others. The application process takes time — so if you’re going to apply, start immediately upon receiving your Act 91 Notice, not on day 28.
When Selling Is the Better Option
HEMAP and loan modifications are the right answer for homeowners who experienced a genuine temporary setback and can realistically resume payments. But for many Pittsburgh homeowners receiving Act 91 Notices, the financial picture is different:
- The hardship isn’t temporary — income has permanently declined
- The mortgage balance exceeds what the property is worth in today’s market
- The property needs major repairs that can’t be financed
- The owner is simply ready to move on and doesn’t want to fight the process
In these cases, selling the property — even below market value — can be the most rational financial decision. A cash sale to a buyer like We Buy Property allows you to:
- Sell the home as-is, with no repairs required
- Close in as little as 2-3 weeks, well within the Act 91 window
- Receive whatever equity remains after paying off the mortgage
- Avoid the credit damage of a completed foreclosure (a foreclosure on your credit report is significantly worse than a late-payment history)
- Leave on your timeline, not the court’s
We’ve helped Pittsburgh homeowners sell during the Act 91 period in as little as 14 days from first contact to closing. A cash sale closes faster than the foreclosure timeline — which means you retain control of the outcome.
The Act 91 Timeline: What to Expect Step by Step
- Day 0: You receive Act 91 Notice via certified mail
- Days 1-30: Your response window. You must either apply for HEMAP, request a meeting with the lender, consult an attorney, or take other action. Do NOT ignore this period.
- Day 33 (at earliest): If you haven’t responded, lender may file foreclosure complaint in court
- After complaint is filed: You receive a summons and have 20 days to respond (appear in court or file an answer)
- If no court response: Lender may request default judgment
- After judgment: Property is scheduled for Allegheny County Sheriff Sale
- Sheriff Sale: Property is sold at auction; you must vacate
The total timeline from Act 91 Notice to Sheriff Sale, assuming no court delays, typically runs 9 to 18 months in Allegheny County. That sounds like a long time — but the costs accumulate (attorney fees, late charges, property taxes continue accruing), and the emotional toll is significant. Acting early is almost always better than waiting.
Frequently Asked Questions About Act 91 Notices in Pennsylvania
Can my lender skip the Act 91 Notice and file foreclosure directly?
No. For owner-occupied primary residences covered by Act 91, lenders are legally required to send the notice before filing a foreclosure complaint. A foreclosure filed without proper Act 91 notice can be challenged in court. However, this protection doesn’t apply indefinitely — if you received proper notice, responded, and then resumed falling behind, subsequent foreclosure proceedings may proceed faster.
Does Act 91 apply to a home equity loan or HELOC?
Act 91 primarily applies to first mortgage defaults. Home equity loans and HELOCs (home equity lines of credit) are governed by different rules. However, Act 6 protections may still apply. Consult a Pennsylvania attorney if you’ve received foreclosure notices related to a second mortgage or equity line.
I’m behind on taxes, not my mortgage — does Act 91 apply?
No. Act 91 applies to mortgage foreclosure, not tax sale proceedings. If you’re behind on Allegheny County property taxes, you’re in a different process handled by Jordan Tax Service. Tax lien sales in Pennsylvania operate on a separate timeline with separate statutory requirements. Contact Jordan Tax Service directly if you receive a tax lien notice.
Can I sell my house after receiving an Act 91 Notice?
Yes — and for many homeowners, this is the most practical path forward. As long as you haven’t lost the property at sheriff sale, you retain the right to sell. A cash sale can close quickly enough to pay off the mortgage balance and any arrears before the foreclosure judgment is entered. We’ve facilitated exactly this type of transaction for Pittsburgh homeowners many times.
Disclaimer: This article provides general information about Pennsylvania law and is not legal advice. Every situation is different. Consult a licensed Pennsylvania attorney and/or a PHFA-approved housing counselor for guidance specific to your circumstances.
If you’ve received an Act 91 Notice and want to understand your options — including whether a cash sale makes sense — contact We Buy Property LLC for a no-obligation cash offer. We buy houses throughout Allegheny County, Washington County, Beaver County, Westmoreland County, Armstrong County, and Butler County. 73+ Google Reviews. We close in as little as 14 days. Call or text (412) 424-6412.