The Pennsylvania Housing Finance Agency (PHFA) conducts administrative appeals pursuant to the Homeowner's Emergency Mortgage Assistance Program (HEMAP), 35 P.S. Section 1680.401-C, et seq., as amended. PHFA provides loans secured by liens on residential real property located in Pennsylvania to eligible homeowners who are in imminent danger of losing their home through foreclosure. Initially, a loan officer reviews a homeowner's application and supporting documentation submitted by the homeowner to determine if he/she is eligible for HEMAP assistance. If assistance is denied, the homeowner has the ability to appeal the decision by requesting an appeal hearing. The homeowner decides if he/she wants to be represented by counsel or proceed pro se. The homeowner also chooses whether he/she wants to have an in-person hearing or a telephone conference call hearing. PHFA schedules a hearing for a specific date and time and notifies the homeowner. If the homeowner requests a hearing via a telephone conference call, the hearing examiner calls the homeowner at the designated time. If the homeowner requests an in-person hearing, the homeowner travels to PHFA's main office in Harrisburg. The hearing examiner introduces the PHFA loan officer who explains the reasons for denial. The homeowner has the opportunity to question the loan officer regarding the denial decision. The homeowner presents testimony and submits evidence to refute the reasons for the denial. The hearing examiner poses questions to the homeowner to gather facts surrounding the reasons for the mortgage delinquency and asks further questions of the loan officer, if necessary. The hearing examiner reviews the record, the testimony and all evidence submitted at the hearing to determine if PHFA's decision should be reversed, remanded or affirmed. A written decision is sent to the homeowner. If the decision denying assistance is reversed, the homeowner is approved for a loan. If the decision denying assistance is remanded, the file is returned to a loan officer for further review. If the decision denying assistance is affirmed, the homeowner may file an appeal with the Commonwealth Court.

HEMAP - Homeowner's Emergency Mortgage Assistance Program, 35 P.S. Section 1680.401-C, et seq., as amended.

 

PHFA - Pennsylvania Housing Finance Agency, a public corporation and government instrumentality, created by and existing pursuant to the Housing Finance Agency Law, 35 P.S. Section 1680.101 et seq., as amended.

 

Financial circumstances are beyond the homeowner's control - An eligibility criteria that the homeowner is suffering financial hardship due to circumstances beyond the mortgagor's control which render the mortgagor unable to correct the delinquency within a reasonable time and make full mortgage payments.

 

Reasonable prospect - An eligibility criteria regarding the likelihood that the mortgagor will be or will not be able to resume full mortgage payments within 24 months after the beginning of the period for which assistance payments are provided under HEMAP and pay the mortgage or mortgages in full by its maturity date.

JoLynn M. Stoy, Esq.

Legal Division

Pennsylvania Housing

Finance Agency 211 N, Front Street

Harrisburg, Pennsylvania 17101

 

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