PETITION FOR REVIEW (PENNSYLVANIA HOUSING FINANCE AGENCY).
Michael Vianello, Brodheadsville, pro se.
JoLynn M. Stoy, Harrisburg, for respondent.
Crumlish, Jr., President Judge, Colins, J., and Narick, Senior Judge.
[ 127 Pa. Commw. Page 598]
The Pennsylvania Housing Finance Agency (Agency) rejected Michael Vianello's application for a Homeowners' Emergency Mortgage Assistance loan. The Agency's hearing examiner affirmed. Vianello appeals; we vacate and remand.
When Vianello defaulted on his mortgage, the lender, as required by Section 403c of the Act,*fn1 mailed him a standardized notice promulgated by the Agency entitled "Notice of Homeowners' Emergency Mortgage Assistance Act of 1983." This notice advises defaulting mortgagors of their right to apply for mortgage assistance from the Agency and thereby stay foreclosure.
The record indicates that, after Vianello submitted a form requesting assistance, the Agency responded by letter dated August 7, 1984, informing him that the application was incomplete because it lacked a copy of an "Act 91 Notice" which, if not received within thirty days, would render his file "inactive." Vianello did not respond to this letter, contending he never received it.
Subsequently, the lender sought to foreclose and Vianello sent a letter to the Agency, received November 16, 1984, expressing his concern that he had never heard from the Agency since submitting the initial application form. The Agency replied on November 27, 1984, that his application was placed in the "inactive" file because it lacked the "Act 91 Notice" requested. Vianello answered by letter that he never received the Agency's August 7, 1984 letter and did not understand what was meant by "Act 91 Notice" since none of the documents he received were so labeled.
The Agency then responded by letter dated December 19, 1984, further explaining its decision and describing the so-called "Act 91 Notice." Vianello thereupon submitted
[ 127 Pa. Commw. Page 599]
the initial notice he received from the lender. This document apparently was the notice which the Agency requested ...