PRINTER'S NO. 1929
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1645
Session of
2023
INTRODUCED BY PIELLI, MADDEN, BOROWSKI, KRAJEWSKI, STEELE,
SHUSTERMAN, SANCHEZ, SCHLOSSBERG, FREEMAN, CERRATO, HANBIDGE,
CIRESI, HILL-EVANS, SMITH-WADE-EL, CEPEDA-FREYTIZ AND HOWARD,
AUGUST 29, 2023
REFERRED TO COMMITTEE ON COMMERCE, AUGUST 29, 2023
AN ACT
Amending the act of December 3, 1959 (P.L.1688, No.621),
entitled "An act to promote the health, safety and welfare of
the people of the Commonwealth by broadening the market for
housing for persons and families of low and moderate income
and alleviating shortages thereof, and by assisting in the
provision of housing for elderly persons through the creation
of the Pennsylvania Housing Finance Agency as a public
corporation and government instrumentality; providing for the
organization, membership and administration of the agency,
prescribing its general powers and duties and the manner in
which its funds are kept and audited, empowering the agency
to make housing loans to qualified mortgagors upon the
security of insured and uninsured mortgages, defining
qualified mortgagors and providing for priorities among
tenants in certain instances, prescribing interest rates and
other terms of housing loans, permitting the agency to
acquire real or personal property, permitting the agency to
make agreements with financial institutions and Federal
agencies, providing for the purchase by persons of low and
moderate income of housing units, and approving the sale of
housing units, permitting the agency to sell housing loans,
providing for the promulgation of regulations and forms by
the agency, prescribing penalties for furnishing false
information, empowering the agency to borrow money upon its
own credit by the issuance and sale of bonds and notes and by
giving security therefor, permitting the refunding,
redemption and purchase of such obligations by the agency,
prescribing remedies of holders of such bonds and notes,
exempting bonds and notes of the agency, the income
therefrom, and the income and revenues of the agency from
taxation, except transfer, death and gift taxes; making such
bonds and notes legal investments for certain purposes; and
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indicating how the act shall become effective," in
homeowner's emergency assistance, providing for foreclosure
notice.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of December 3, 1959 (P.L.1688, No.621),
known as the Housing Finance Agency Law, is amended by adding a
section to read:
Section 413-C. Foreclosure Notice.--(a) The agency shall
develop a designation form to be used by an owner who is an
older adult or an incapacitated adult to assign a designated
individual to receive any notification regarding delinquent
mortgage payments and potential foreclosure on the owner's real
property.
(b) The designation form shall contain the following
information:
(1) The name of the owner.
(2) The date of birth of the owner.
(3) The telephone number, email address and other contact
information of the owner.
(4) The address of the owner's real property.
(5) The name of the owner's designated individual.
(6) The address, telephone number, email address and other
contact information of the owner's designated individual.
(7) The relationship of the designated individual to the
owner.
(c) The agency shall make the designation form, along with
any explanation, instructions or other information deemed
necessary by the agency, available through the following means:
(1) Posting the designation form and other information on
the publicly accessible Internet website of the agency.
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(2) Distributing a physical copy of the designation form and
other information on an annual basis to each residential
mortgage lender upon request of the residential mortgage lender.
(3) Distributing a physical copy of the designation form and
other information on an annual basis to each area agency on
aging in this Commonwealth.
(d) An owner may complete a designation form and send the
designation form to the appropriate residential mortgage lender.
(e) A residential mortgage lender that receives a completed
designation form shall thereafter send notification regarding
delinquent mortgage payments and potential foreclosure on the
owner's real property to the designated individual specified in
the designation form.
(f) The following apply to notification regarding a
potential foreclosure of the owner's real property:
(1) Notification must first be made by mail to the
designated individual's address at least 90 days prior to the
foreclosure.
(2) Subsequent notification must be made by both email and
telephone not later than 60 days prior to the foreclosure.
(g) Rescission.--An owner who submitted a designation form
may rescind the assignment by providing written notice of the
rescission to the residential mortgage lender.
(h) This section shall not affect any authority granted in
accordance with 20 Pa.C.S. (relating to decedents, estates and
fiduciaries).
(i) The following words and phrases when used in this
section shall have the meanings given to them in this subsection
unless the context clearly indicates otherwise:
"Designated individual." Any of the following persons
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designated by an owner who is an incapacitated adult or older
adult to receive notification regarding delinquent mortgage
payments and potential foreclosure on behalf of the owner
because the owner is unable or has limited ability to receive or
manage the delinquent mortgage payments and potential
foreclosure:
(1) A next of kin of the owner.
(2) An agent, guardian, trustee or other representative of
the owner under authority granted in accordance with 20 Pa.C.S.
"Designation form." The form developed by the agency in
accordance with subsection (a).
"Incapacitated adult." An individual who is 18 years of age
or older and:
(1) resides in a hospital, assisted living facility,
rehabilitation facility or other health care or treatment
facility; or
(2) has a serious health condition.
"Older adult." An individual who is 60 years of age or
older.
"Owner." As defined in section 102 of the act of July 7,
1947 (P.L.1368, No.542), known as the Real Estate Tax Sale Law.
"Residential mortgage lender." A person that lends money or
extends or grants credit and obtains a residential mortgage to
assure payment of the debt. The term includes the holder at any
time of a residential mortgage obligation.
Section 2. This act shall take effect in 60 days.
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