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HARRY W. KOCH v. COMMONWEALTH PENNSYLVANIA (03/07/86)

decided: March 7, 1986.

HARRY W. KOCH, JR., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA HOUSING FINANCE AGENCY, RESPONDENT



Appeal from the Order of the Pennsylvania Housing Finance Agency in the case of Harry Koch, dated February 8, 1985.

COUNSEL

David A. Scholl, for petitioner.

Lawana M. Johns, for respondent.

President Judge Crumlish, Jr., Judge Rogers, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 95 Pa. Commw. Page 507]

Harry W. Koch (petitioner) has petitioned for review of an order of a hearing examiner affirming the Pennsylvania Housing Finance Agency's (PHFA) denial of petitioner's application for mortgage assistance.

The petitioner and his first wife, Frances, obtained a mortgage loan in 1977 to finance the purchase of a house. The couple separated in 1979 and Frances continued to occupy the house and pay the mortgage. Frances moved out of the house in August 1982 and rented it to her sister with the understanding that the mortgage would be paid directly to the mortgagee by the sister as part of her rental obligation.

In April 1983, the petitioner moved back into the house. He began to receive foreclosure notices and discovered that the mortgage had been in default since September 1982. The petitioner did not make payments on the mortgage because at the time the petitioner moved back he was then unemployed. He found work in June 1983.

On May 16, 1984, the mortgagee sent a notice to the petitioner pursuant to the Homeowners' Emergency Mortgage Assistance Program (Act 91), Act of December 23, 1983, P.L. 385, 35 P.S. §§ 1680.401c-1680.410c, advising him that his mortgage was delinquent from September 1982 through May 1984. The petitioner filed with PHFA a request for financial assistance pursuant to Act 91 on June 13, 1984; the request was denied. Following a hearing, a hearing examiner affirmed the denial on the ground that the petitioner had failed to meet all of the requirements for eligibility as set forth in Section 404c of Act 91, 35 P.S. § 1680.404c. The examiner found:

1. No reasonable prospect of mortgagor resuming full payments within thirty-six (36) months and paying mortgage by maturity;

[ 95 Pa. Commw. Page 508]

    mortgagee is more than 3 years delinquent since September 1, 1982. [Section 404c(a)(5) of Act 91, 35 P.S. § 1680.404c(a)(5).]

2. Mortgagor is not suffering financial hardship due to circumstances beyond mortgagor's control. [Section 404c(a)(4) of ...


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