Section 623 - RepossessionA. When the buyer shall be in default in the payment of any amount due under a motor vehicle installment sale contract or when the buyer has committed any other breach of contract, which is by the contract specifically made a ground for retaking the motor vehicle, the seller or any holder, who has lawfully acquired such contract, may retake possession thereof. Unless the motor vehicle can be retaken without breach of the peace, it shall be retaken by legal process, but nothing herein shall be construed to authorize a violation of the criminal law.B. Repossession of a motor vehicle when effected by legal process shall be made only by a duly constituted public official. Repossession when effected otherwise than by legal process shall be made only by the holder, including an official or full time employe thereof, by a collector-repossessor licensed under this act, by the person, who originally sold such motor vehicle to the buyer under the installment sale contract, or by any licensed seller or sales finance company, including an official and full time employe thereof, who is not regularly engaged in the business of making such repossessions but occasionally does so as an accommodation for other sellers or finance companies.C. When replevin and sale of the motor vehicle sold under an installment sale contract, or of the collateral security thereto, is effected by legal process, such proceedings may be commenced by the holder immediately upon any default or breach of contract by the buyer. In a proceeding under these conditions the buyer shall receive such notices, shall have such rights, shall be liable for such costs of suit and reasonable attorney's fees as provided by the laws governing such legal proceedings.D. When repossession of a motor vehicle, which is the subject of an installment sale contract, is effected otherwise than by legal process, the holder shall immediately furnish the buyer with a written "notice of repossession" delivered in person, or sent by registered or certified mail directed to the last known address of the buyer. Such notice shall set forth the buyer's right as to reinstatement of the contract, if the holder extends the privilege of reinstatement and redemption of the motor vehicle, shall contain an itemized statement of the total amount required to redeem the motor vehicle by reinstatement or payment of the contract in full, shall give notice to the buyer of the holder's intent to re-sell the motor vehicle at the expiration of fifteen (15) days from the date of mailing such notice, shall disclose the place at which the motor vehicle is stored, and shall designate the name and address of the person to whom the buyer shall make payment, or upon whom he may serve notice. The holder's notice shall also state that any personal property left in the repossessed vehicle will be held for thirty (30) days from the date of the notice's mailing. The personal property may be reclaimed within the thirty (30) day time period. Thereafter the property may be disposed of in the same manner as the motor vehicle and other collateral.E. When repossession of a motor vehicle which is the subject of an installment sale contract is effected, otherwise than by legal process, the buyer shall be liable for costs incurred by the holder in retaking, storing and repairing such motor vehicle only when all of the following conditions prevail: 1. When default exceeds fifteen (15) days at the time of repossession, and2. When such costs represent actual, necessary and reasonable expenses incurred by the holder in retaking, storing and repairing the motor vehicle, excluding any costs incurred in retaking which are charges for services of persons who are regular full time employes of the holder, and3. When such costs are supported by receipts or other satisfactory evidence of payment, and records of the holder show detailed information as to nature of each item of expense, the amount thereof, the date of payment, and to whom paid.F. The department shall have authority to reduce the amount of or prohibit entirely any item of expense of retaking, storing or repairing of a motor vehicle which appears to him to be fictitious, unnecessary, unreasonable or exorbitant, or such as would not have been incurred by a prudent person under similar circumstances.G.1. Before any holder may accelerate the maturity of any installment sale contract for a mobile home, commence any legal action to recover under such obligation, or take possession of any security of the installment buyer for such contract, such person shall give the installment buyer notice of such intention at least thirty (30) days in advance as provided in this subsection. Notice of intention to take action as specified in this subsection shall be in writing, and sent to the installment buyer by registered or certified mail at the address where the mobile home is located. The written notice shall clearly and conspicuously state:(a) the particular obligation or security interest;(b) the nature of the default claimed;(c) the right of the installment buyer to cure the default as provided in this subsection and exactly what performance including what sum of money, if any, must be tendered to cure the default;(d) that the installment buyer may cure the default at any time before title to the mobile home is lawfully transferred from the installment buyer which shall be at least forty-five (45) days after receipt of the notice; and(e) the method or methods by which the installment buyer's ownership or possession of the mobile home may be terminated.2. The notice of intention to accelerate, commence legal action or repossess provided in this subsection shall not be required where the installment buyer has abandoned or voluntarily surrendered the property which is the subject of the mobile home installment sale.3. Notwithstanding the provisions of any other law, after a notice of intention to accelerate, commence legal action or repossess has been given pursuant to paragraph 1, at any time before title to the mobile home is lawfully transferred from the installment buyer for default upon a mobile home installment sales contract, the installment buyer or any one in his behalf, not more than three (3) times in any calendar, year, may cure his default and prevent sale or other disposition of the mobile home and avoid acceleration, if any, by tendering the amount or performance specified in this paragraph. To cure a default under this subsection, an installment buyer shall:
(a) Pay or tender in the form of cash, cashier's check or certified check, all sums which would have been due at the time of payment or tender in the absence of default and the exercise of an acceleration clause, if any.(b) Perform any other obligation which he would have been bound to perform in the absence of default or the exercise of an acceleration clause, if any.(c) Pay or tender any reasonable fees allowed under paragraph (6) and the reasonable costs of proceeding to commence legal action as specified in writing by the holder actually incurred to the date of payment.(d) Pay any reasonable late penalty, if provided for in the security document.(e) Pay the costs which are reasonable and actually incurred by the holder for detaching and transporting the mobile home to the site of the sale.4. Cure of a default in the payment of a mobile home contract pursuant to this subsection restores the installment buyer to the same position as if the default had not occurred.5. Mobile home installment contracts contracted for on or after the effective date of this amendatory act may be prepaid without any penalty or other charge for such prepayment at any time before the end of the period of the loan.6. With regard to mobile home installment contracts, no holder shall contract for or receive attorneys' fees from an installment buyer except as follows:(a) Upon commencement of legal action with respect to a mobile home installment contract, attorneys' fees which are reasonable and actually incurred by the holder may be charged to the installment buyer.(b) Prior to commencement of legal action attorney's fees which are reasonable and actually incurred not in excess of fifty dollars ($50) provided that no attorneys' fees may be charged for legal expenses incurred prior to the thirty-day notice provided in paragraph 1.7. Notwithstanding any other law, the provisions of this subsection may not be waived by any oral or written agreement executed by any person.H. The repossessor of any motor vehicle shall give notice within twenty-four (24) hours after the repossession to the local municipal police department having jurisdiction of the area where the vehicle was located at the time of repossession or, where there is no municipal police jurisdiction, to the Pennsylvania State Police.1947, June 28, P.L. 1110, § 23. Amended 1973, Nov. 28, P.L. 356, No. 124, §1; 1978 , July 1, P.L. 725, No. 130, § 2, imd. effective; 1996, Oct. 16, P.L. 704, No. 122, § 1, effective in 60 days; 2002, Dec. 9, P.L. 1446, No. 186, § 16, effective in 90 days.