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.

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2 Lawyer Answers
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
Answered
  • 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
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David Kennedy Bifulco PRO label
Answered
  • 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.

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