Act Notice in 2021

Pennsylvania announced the Act 6 Base Figure for 2021 as $263,975. What is the base figure and how does it impact your foreclosure in Pennsylvania? For any lender bringing a foreclosure in Pennsylvania, one of the two statutory Notices they need to be aware of is Act 6 (41 P.S. §§ 101, 403). The base figure is important for two reasons: first it determines who gets the notice and second it determines the amount of attorney fees that are collectible pre-foreclosure complaint. In Pennsylvania Residential Mortgage borrowers are entitled to an Act 6 notice. A Residential Mortgage is defined as a property with less than two residential units and an original principal less than or equal to the base figure. The second impact is after the expiration of the Act Notice but prior to foreclosure a lender is limited to attorney’s fees that do not exceed .1% of the then existing base figure. 68 Pa. Stat. and Cons. Stat. Ann. § 2311 (West). For 2021, .1% of the base figure is $263.98. After a complaint is filed, the lender may seek reasonable attorney’s fees in accordance with the loan documents and Pennsylvania Case Law.  Please feel free to reach out to Andrew Marley, Esquire or Ed McKee, Esquire for additional information or questions regarding your Act 6 notices.

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