Act 6 / 91

Our financial institution is using the Act 6 and the Act 91 forms. We've been advised that the Act 6/91 form is now one form. Are we still OK to use both? Thanks for your help.

Louie,

The statute requires a mortgagor to send the Notice prepared by PHFA*. If you send anything different, you may be at risk. The notice is posted on the PHFA website:
http://www.phfa.org/forms/hemap/AppendixA.pdf35

As you may know, you also need to attach a list of the counseling agencies, also available on the website (both, a combined list, and one for each county). Here is the current list for all counties: http://www.phfa.org/forms/counseling_agencies/hemap_agencies/hemap.pdf

*The Statute says:
(a) Any mortgagee who desires to foreclose upon a mortgage shall send to such mortgagor at his or her last known address the notice provided in subsection (b) . . . .

(b)(1) The agency shall prepare a notice which shall include all the information required by this subsection and by section 403 of the act of January 30, 1974 (P.L. 13, No. 6), referred to as the Loan Interest and Protection Law and referred to commonly as the Usury Law. This notice shall . . . .

* * *
(3) The proposed notice under paragraph (1) shall be published by the agency in the Pennsylvania Bulletin within one hundred twenty (120) days of the effective date of this paragraph. The notice actually adopted for use by the agency shall be promulgated as part of the program guidelines required by section 401-C(b).

Sorry, my first link should not have had the numbers at the end.

It should read:
http://www.phfa.org/forms/hemap/AppendixA.pdf

Thanks, so the Act 6 and 91 are still 2 different forms.

Sorry if I confused you. I believe you send only one Notice, the one prepared by PHFA. See the last sentence below.

(b)(1) The agency shall prepare a notice which shall include all the information required by this subsection and by section 403 of the act of January 30, 1974 (P.L. 13, No. 6), referred to as the Loan Interest and Protection Law and referred to commonly as the Usury Law. This notice shall be in plain language and specifically state that the recipient of the notice may qualify for financial assistance under the Homeowner’s Emergency Mortgage Assistance Program. This notice shall contain the telephone number and the address of a local consumer credit counseling agency. This notice shall be in lieu of any other notice required by law.

However, you would still need to send the basic Act 6 Notice if the loan is not subject to act 91.....

Yes, We are currently sending the Act 6 at 30 days and the Act 91 at 60 days. The Act 91 included names and address of agencies that the customer can contact seeking assistance.