Departments

Community Services

Consumer Protection

Consumer Protection: Advice from The Bucks County Consumer Advocates

November 2009

Q.    My wife and I are in financial trouble.  We have tried everything to stay afloat.  We received an ACT 91 notice but my wife never dealt with it and now we have been served with a complaint in foreclosure from our mortgage lender.  I called them immediately and they keep switching my call to different departments to no avail.  What can we do?  C.W., Perkasie

A.   Bucks County started a pilot program foreclosure diversion program in July of 2009.  The program is open only to Bucks County residents who have been served with a complaint in foreclosure.  It cannot help residents who are currently involved in a Sheriff’s Sale.  That is because the property owner has already had a judgment entered against them.  This program cannot overturn that order.  Usually the lender must send a notice that is referred to as Act 91.  Basically it states the owner is in default and then a time frame is given to contact the lender and file through the state for Homeowners Emergency Mortgage Assistance Loan Program (HEMAP).  There are exceptions to the notification process and strict time frames to follow. Unfortunately you are now in the spot of your lender filing for foreclosure.  Since you just received the notice you can call the Bucks County toll free Home Hotline at 866-760-8911.  The program requires the owner to meet with Housing and Urban Development (HUD) certified housing counselor.  They can refer you to a number of counselors and you will be given information about applying for a pro bono attorney.  Through this process the court can order a stay of action on the foreclosure.  Then, at the court’s request, a conference is scheduled with the mortgage lender which is overseen by a court appointee.  At that point the parties try to agree on a loan modification that will financially work for the homeowner and the lender.  Residents in trouble with their mortgages need to take an action immediately.  Lenders in this program are required to meet and negotiate.  Other programs do not require the lender to modify or refinance a mortgage.  If a resident receives an Act 91 notice we suggest that immediate action be taken.

Department of Consumer Protection /
Weights and Measures
Michael D. Bannon
Director
50 North Main Street
Doylestown, PA 18901
Phone: 215-348-7442
Fax: 215-348-4570
Canny Consumer Hotline 1-800-942-2669