Appeal from the Order of the Pennsylvania Housing Finance Agency in the case of H. James Willard, Jr., dated December 12, 1986.
H. James Willard, Jr., petitioner, for himself.
Jolynn M. Stoy, with her, Thomas E. Ross, for respondent.
President Judge Crumlish, Jr., Judge Doyle, and Senior Judge Kalish, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.
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The Pennsylvania Housing Finance Agency denied H. James Willard, Jr., emergency mortgage assistance under the Homeowner's Emergency Mortgage Assistance
[ 111 Pa. Commw. Page 156]
Program (Act 91).*fn1 An agency hearing examiner affirmed that order. Willard appeals; we affirm.
Willard, a Fellow Scientist at the Bettis Atomic Power Laboratory, resigned in July 1983 because his career objectives could not be realized and because of his disagreement with his employer's managerial philosophies. After initial employment searches in the physics field proved unsuccessful, Willard started a publishing business and authored three books on education.
With financial assistance from his children, the return of his wife to the work force, and borrowing from his life insurance and pension funds, Willard managed to make monthly payments on all debts, including his mortgage liability, until February 1986. At that time Willard decided to discontinue mortgage bill payments. He reasoned that the equity in his home would sufficiently protect the mortgagee.
The hearing examiner affirmed the agency's conclusion that Willard's arrearage was not due to "circumstances beyond his control." Section 404-C(a)(4) of Act 91.*fn2 Specifically, the hearing examiner concluded:
The aforementioned findings of fact demonstrate that the Appellant consciously resigned from employment with a pay level sufficient to maintain the mortgage, thereby occasioning this mortgage delinquency. Moreover, he has voluntarily decided to maintain his other obligations while permitting the mortgage to go deeper in ...