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act 91 and act 6 notice

what are act 91 and act 6 notices, I am in Pennsylvania, how are they related to foreclosure,thanks

colin's picture
colin | Joined: June 30, 2006 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Neil,

Welcome to Mortgagefit forum.

Act 91 Notice is given when someone is behind in his mortgage payments advising that person to apply for a Homeowners Emergency Assistance Program (HEMAP).

If you have received such a notice then you should contact your local HEMAP housing counseling office. In the notice you will see a list is given of the counseling agencies or to find an agency in your neighborhood call Pennsylvania Housing Finance Agency at 800-342-2397.

The other notice, called the Act 6 Notice is sent when someone is sixty days behind on the payments and is also known as Notice of Intention to Foreclose. After receiving this notice you will have thirty days to pay the past dues and bring the loan current. If within these thirty days due payments are not made or any new arrangement is not established with the lender, then they can file a lawsuit to start the foreclosure process.

Colin

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

thanks but how I can qualify for the hemap loan

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miller_st's picture
miller_st | Joined: January 17, 2007 04:47 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

If you are facing financial hardship because of some happenings which are beyond your control & have chance of paying your original mortgage payments again in 24 months from the time of your first default then you would be able to qualify.

The loan is provided to catch up the outstanding amounts and make your mortgage payments for up to 24 months. After receiving the Act 91 notice you can apply for the loan.

Miller

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

The total loan amount provided through the HEMAP is equal to 24 months of mortgage payments from the date of delinquency or a maximum of $60,000 whichever is lower.

In order to qualify for the HEMAP, the concerned borrower should pay up to 40% of his net monthly income towards his housing costs. The minimum monthly payment on such a loan as set up by the law is $25 per month for each type of mortgage for which he seeks assistance.

The HEMAP is beneficial for the people of Pennsylvania who fail to carry on with their mortgage payments and may lose their home if the lender forecloses.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If you recieve act 6 paperwork can you still qualifyu for help?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi TimNes,

Your query has been answered in given link:
http://www.mortgagefit.com/foreclosure/act6notice-help.html#69039

Please take a look. I hope it will help you.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi! I have a family member who never received a foreclosure notice. Is that legal? Or can he fight the foreclosure since he found out by being listed in the newspaper.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Your query has been answered in the given link:
http://www.mortgagefit.com/postdeal/about18354.html#79159

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

They told me i don't qualify for act 91 unless iam up to date on my mortage. Is that true?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi nancy!

Welcome to forums!

If you are delinquent on your payments, then you will be receiving the act 91 notice. Once you receive Act 91, you can then apply for a Homeowners Emergency Assistance Program (HEMAP). If you are up to date on your mortgage payments, then you will not receive the notice.

Feel free to ask if you have further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i got my discharge everybody paid up now ocwens telling me i miss 4 payments which was being paid by my trustee now they told me i am in default.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi bryant!

Welcome to forums!

As your debts were discharged and you have paid off the creditors, I don't think you are liable to pay the debts. You should send the required documents to your creditors and clarify that your debts have been discharged in bankruptcy. If the creditor still persists for payments, inform your bankruptcy lawyer and let him deal with your creditor.

Feel free to ask if you have further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

CAN OCWEN COLLECT A PAYMENT WHEN THEY NERVERED FILED A MOTION IN THE CHAPTER13 BK TO COLLECT ANY INCREASE IN PAYMENTS CAUSE THEY ARE SAYING THEY WERENT GETING THE RIGHT AMOUNT SO THAT MADE IT GO BEHIND AND CAUSE THE LOAN TO BE IT TO DEFUALT.

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi BRYANT,

If the account in question was included in your bankruptcy and was discharged, then the creditor cannot collect the dues from you. However, if you did not include the account in your bankruptcy, then they can definitely collect the dues from you. The lender is correct in considering the debts due as you weren't paying the exact amount.

Take Care.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I recently was served papers saying the bank filed for a judgement against me. Does Act 6 apply to a commercial mortgage? I received no notice other than the actual papers saying the lawsuit was filed.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi dave,

Act 6 Notice is sent when someone is 60 days behind on the payments and is also known as "Notice of Intention to Foreclose". To know more about Act 6 and Act 91, check out the following page:
http://www.mortgagefit.com/pennsylvania/foreclosure.html#25023

You need to contact your lender regarding Act 6 notice and check out what he has to say in this regard.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I declared bankruptcy and had asked my mortgage company to let us do a modification to get our mortgage and by the way this is our [url=http://www.mortgagefit.com/second-mortgage.html]second mortgage[/url] not our 1st and is also thru citimortgage all thru the bankruptcy 4 months we tried to get help from our mortgage company and they kept saying it takes 30 days someone will contact you I faxed twice all the information they requested and still nothing just a total run around we have been discharged by and now they are coming down on us with this act 91 don't know what to do at this point

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

As you have defaulted your mortgage payments, the lender has sent you an Act 91 Notice. The main purpose of this notice is to advise you to apply for a Homeowners Emergency Assistance Program (HEMAP). You should contact your lender and apply for a HEMAP.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I just recieved the act 91 notifice and I am only one payment behind. I thought as long as you were paying something and you went more then 3 months behind you were OK.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Theresa,

Act 91 Notice can be given to anyone who is behind in his mortgage payments. With this notice, the person is advised that he/she can apply for a Homeowners Emergency Assistance Program (HEMAP). As you are a month behind on your payments, you have received this notice.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i can't find my act 91 paper..how can i get another one so i can apply for a Homeowners Emergency Assistance Program (HEMAP)?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi cinderella!

Welcome to forums!

I think you should contact your lender and take his opinion in this regard. He may help you in getting another Act 91 notice.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Do all lenders have to work with you if you are approved by HEMPA. Our lender sadi don't apply because we would not qualify and we should sell before they foreclose on us. Is ACT 91 a law where they have to work with us if we are aproved by HEMAP aid???

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Your query has been answered in the given page:
http://www.mortgagefit.com/foreclosure/act91-hemap.html#144594

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

if your received soc sec and pension and you have no longer paid your
mortgage payment will they take you money from your soc sec and pension to paid you mortgage

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

Social security income and retirement accounts cannot be garnished by the lender. If any lender does so, it will be against the federal law. However, you should remember that if you have a savings account, then the lender will be able to garnish it in order to recover the deficient balance resulting from the sale of the property.

Take care.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Are you required to payback this loan from HEMAP ?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi bill,

You are required to pay back the HEMAP assistance when you are in a better financial situation.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If I Do Receive The Loan From Hemap Can The Bank Still Refuse The
Payment, Also Will The Money Go To The Law Office Or To The Bank.

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi notice,

If you receive HEMAP and want to make the payments, the lender won't refuse it. The money will go to the lender and help you pay off your loan.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Does an Act 91 letter means that the actually means that the foreclosure process been started

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome ljohnson,

Act 91 Notice is given when you're in a pre-foreclosure stage. It is given when someone is behind in his mortgage payments. The notice advices the person to apply for a Homeowners Emergency Assistance Program (HEMAP).

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I recieved an act 91 notice,I made a payment last month, and should be able to continue so since I've begun recieving soc. sec. benefits. I contacted my mortgage company, and the said as long as I continue to make pymts, I'll be fine. Does act 91 mean foreclosure has started?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi trjh,

Act 91 notice does not mean that the foreclosure has started. If you're making the payment on time, then you won't have to worry about foreclosure.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

we are currently in a [url=http://www.mortgagefit.com/bankruptcy/chapter13.html]chapter 13 bankruptcy[/url] and fell behind on payments,does the mortgage holder have to still send us a act 91 before they can forclose?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome kuhn,

Your query has been replied to in the given page:
http://www.mortgagefit.com/predeal/about48403.html

Take a look at it. Hope it helps you.

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