SUPERIOR COURT HOLDS ACT 91 NOTICE PUBLISHED BY THE PENNSYLVANIA FINANCE HOUSING AUTHORITY IS DEFECTIVE. BENEFICIAL CONSUMER DISCOUNT CO. V. VUKMAN

DANIEL CONLON-GUTIERREZ

In Vukman, the Pennsylvania Superior Court (“Superior Court”) decided that the Act 91 notice, which a lender sent a homeowner in 2006, was defective because it did not inform her of the right to meet with a lender before a foreclosure action, as required by the version of the Homeowners’ Emergency Mortgage Assistance Act (“Act 91”) then in effect.  The lender incorrectly relied on the Act 91 model or uniform notice published by the Pennsylvania Housing Finance Authority (“PHFA”) in 1999, which omitted a homeowner’s option to meet with the lender. Continue Reading>

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