How to Use the Pennsylvania Act 91 Notice to Stop Foreclosure: HEMAP Application Guide

Falling behind on your mortgage is terrifying, but homeowners in Pennsylvania have a unique and powerful lifeline that does not exist in most other states. Before a lender can file a foreclosure lawsuit in court, they are legally required to send you a specific document called an Act 91 Notice. This notice is your gateway to the Homeowner's Emergency Mortgage Assistance Program (HEMAP), a state-funded initiative managed by the Pennsylvania Housing Finance Agency, Harrisburg. If you are facing financial hardship, understanding how to use this program can literally save your home. Should you feel overwhelmed navigating this paperwork, you can always browse our directory to find an experienced local lawyer to advocate for you.

Step-by-Step Process in Pennsylvania

Pennsylvania is a judicial foreclosure state, meaning your lender must go through the local court system, such as the Philadelphia County Court of Common Pleas, Philadelphia or the Allegheny County Court of Common Pleas, Pittsburgh, to take your home. However, under 35 P.S. § 1680.403c, they cannot even file the complaint until they have sent you the Act 91 Notice and given you a chance to apply for HEMAP. The process is strict, and missing a deadline can cost you your rights.

Timeline to Apply for HEMAP (33 Days)

The clock starts ticking the moment the Act 91 Notice is mailed to you. Under 35 P.S. § 1680.403c(b)(1), you have exactly 33 days (30 days plus 3 days for mailing) from the date of the notice to have a face-to-face (or approved virtual) meeting with a designated consumer credit counseling agency listed in the notice. You cannot simply submit a form independently. During this meeting, the counselor assists you in completing the Form HEMAP Application, Pennsylvania, Pennsylvania Housing Finance Agency, Homeowners' Emergency Mortgage Assistance Program Application. Following this meeting, the counseling agency has a separate 30-day window to submit the completed application package to PHFA. Once the counseling agency notifies the lender of your meeting, the lender cannot commence foreclosure proceedings while the application is pending, and PHFA generally has 60 days to make an eligibility determination.

Income Requirements for 1099 vs W-2 Workers

To qualify for HEMAP, you must prove that your financial hardship was outside of your control (like a medical emergency or a sudden layoff) and that you will have enough income to resume regular mortgage payments in the future. Proving this income differs based on your employment status. If you are a standard W-2 employee, you will need to provide recent pay stubs, W-2 forms, and tax returns. The process is straightforward. However, if you are an independent contractor, freelancer, or gig worker (1099 income), the burden of proof is much higher. You must provide detailed profit and loss statements, extensive bank records showing steady deposits, and tax returns to prove that your fluctuating income is reliable enough to sustain a mortgage.

How a Pending HEMAP Application Halts the Process

The automatic stay provided by a pending HEMAP application is one of the strongest borrower protections in Pennsylvania. While your application is under review by the state, your mortgage company is entirely paralyzed. They cannot file court documents, they cannot charge you foreclosure-related attorney fees, and they cannot schedule a Sheriff's Sale. This pause gives you vital breathing room to organize your finances, explore loan modifications, or consult with a foreclosure defense attorney from our directory.

What to Do if HEMAP Denies Your Application

HEMAP does not approve everyone. If they determine that your financial hardship was not due to circumstances beyond your control, or that your income is insufficient to resume payments, they will issue a denial letter. You have 15 days to appeal the decision and request an administrative hearing. However, under 35 P.S. § 1680.403c(b)(7) and 12 Pa. Code § 31.203(b)(7), an administrative appeal will not stay foreclosure proceedings. Once PHFA issues an initial denial, the temporary stay immediately terminates, and your lender is legally permitted to file a foreclosure complaint in court without waiting for the appeal's outcome. If you are facing a denial, you must immediately explore other legal defenses, such as seeking a loan modification, raising defenses in court, or filing for Chapter 13 bankruptcy.

Frequently Asked Questions (FAQ)