Notice of Intention to Foreclose
(Act 6 Notice) (Residential Foreclosures) (PA)

Summary

This is a template for a notice of intention to foreclose may be used by a mortgage lender in Pennsylvania to give a residential borrower in default the statutorily required notice that the lender intends to accelerate and foreclose on the borrower's loan. This template contains practical guidance and drafting notes. Before a lender in Pennsylvania can foreclose on residential property, it must send the borrower at least 30 days' notice of acceleration and impending foreclosure as required by 41 Pa. Stat. Ann. § 403 (commonly known as "Act 6" or "Act 6 of 1974"). The notice must be sent to anyone meeting the statute's definition of a "residential mortgage debtor." See 41 Pa. Stat. Ann. § 101. The notice must be in writing and set forth the information required by 41 Pa. Stat. Ann. §§ 403(b), (c). It must clearly and conspicuously state: • The particular obligation or real estate security interest • The nature of the default • The right of the borrower to cure the default and what is required to cure it, including the amount of money, if any, must be tendered to cure • The time within which the borrower must cure the default • The method or methods by which the borrower's ownership or possession of the real estate may be terminated –and– • The right of the borrower, if any, to transfer the real estate to another person subject to the security interest or to refinance the obligation and of the transferee's right, if any, to cure the default 41 Pa. Stat. Ann. § 403(c) The notice must be sent to the borrower by registered or certified mail at their last known address and, if different, at the residence which is the subject of the residential mortgage. 41 Pa. Stat. Ann. § 403(b). Pennsylvania law does not require that the Act 6 notice be actually received, only sent. Beneficial Mut. Sav. Bank v. Kertis, 36 Pa. D. & C. 3d 33 (1985). The notice is not required if the borrower has abandoned or voluntarily surrendered the property. 41 Pa. Stat. Ann. § 403(d). This template is based on the model notice form provided in 10 Pa. Code Section 7.4. For further guidance on mortgage foreclosures in Pennsylvania see Mortgage Foreclosure Litigation (PA) and Foreclosure Resource Kit (PA).