State College, PA asked in Foreclosure and Real Estate Law for Pennsylvania

Q: PA LAW: Can proper service of a valid Act 91 Notice be deemed if it is not sent to the Last Known Address?

35 Pa. Stat. § 1680.403c(a) “Any mortgagee who desires to foreclose upon a mortgage shall send to such mortgagor at this or her last known address the notice provided in subsection”

12 Pa. Code § 31.203(a)(6)(i) "The notice shall be sent to the last known address of all homeowners" and (ii) "by registered or certified mail."

If the Last Known Address is clearly shown to be different than the address the Act 91 Notice was sent to, can the courts waive this requirement or even deem it to be of proper service?

There is no place to reply here, so I will edit my question:

With all due respect and as I understand it, these laws take precedence over anything in the Mortgage Docs themselves. The mortgage docs may have more stringent requirements, but if they do not have the above requirements, these laws must be followed. Please correct me if I am mistaken.

Related Topics:
2 Lawyer Answers
W. J. Winterstein Jr.
W. J. Winterstein Jr.
  • Foreclosure Defense Lawyer
  • Boyertown, PA
  • Licensed in Pennsylvania

A: Every Mortgage doc I've ever read deals with "Notices", and every one says that sending a notice to the mortgaged property is sufficient for all purposes.

That said, lots of Mortgages also speak to the borrower's power to change the "notice address". That should be done in writing, by like certified mail, so the borrower can prove lender's receipt.

What any particular court might do on any issue is never a certainty.

David Kennedy Bifulco agrees with this answer

David Kennedy Bifulco
David Kennedy Bifulco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Foreclosure Defense Lawyer
  • Bethlehem, PA
  • Licensed in Pennsylvania

A: A challenge to the proper service/receipt of the ACT 91 Notice is point of contention in most foreclosure actions that are being defended. These challenges are very fact specific and the Courts want the Defendant to show certain things in order for them to prevail. The reason for this is that failure to provide the ACT 91 Notice has consequences for the Plaintiff. You should contact an experienced Foreclosure attorney and provide the details so you can get their opinion on the facts specific to your case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.