Section 1681.5 - Effect of noncompliance with notice requirements in the homeowner's emergency mortgage assistance programThe following provisions shall apply relating to the Homeowner's Emergency Mortgage Assistance Program:
(1) If there has been a failure to comply with the notice requirements of sections 402-C and 403-C of the act of December 3, 1959 (P.L.1688, No.621), known as the Housing Finance Agency Law, and such failure has been properly raised in a legal action, including an action in foreclosure, for money due under the mortgage obligation or to take possession of the mortgagor's security, the court may dismiss the action without prejudice, order the service of a corrected notice during the action, impose a stay on any action or impose other appropriate remedies in the action to address the interests, if any, of the mortgagor who has been prejudiced thereby.(2) The failure of a mortgagee to comply with the requirements of sections 402-C and 403-C of the Housing Finance Agency Law must be raised in a legal action before the earlier of delivery of a sheriff's or marshal's deed in the foreclosure action or delivery of a deed by the mortgagor.(3) The failure of a mortgagee to comply with the requirements of sections 402-C and 403-C of the Housing Finance Agency Law shall not deprive a court of jurisdiction over any legal action, including an action in foreclosure, for money due under the mortgage obligation or to take possession of the mortgagor's security.(4) The failure of a mortgagee to comply with the requirements of sections 402-C and 403-C of the Housing Finance Agency Law shall not impair the conveyance or other transfer of land and the title of property subject to a mortgage obligation covered under the Housing Finance Agency Law.Added by P.L. 648 2012 No. 70, § 5, eff. 6/22/2012.