§ 6262. Procedures for manufactured homes.

739 words·~3 min read·/pa/title-12/chapter-62/6262

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Notice.--

(1)A holder of an installment sale contract for a manufactured home shall give the buyer notice under this subsection before the holder takes any of the following actions:

(i)Accelerates the maturity of the installment sale contract for the manufactured home.

(ii)Commences a legal action to recover under the contract.

(iii)Takes possession of any collateral of the buyer for the obligation.

(2)Notice of the intention to take an action under paragraph

(1)shall be in writing and:

(i)Sent to the buyer at least 30 days in advance of the action by registered or certified mail at the address where the manufactured home is located.

(ii)Clearly and conspicuously state the following:

(A)The particular obligation or security interest.

(B)The nature of the default claimed.

(C)The right of the buyer to cure the default as provided in this section and exactly what performance, including the sum of money, that must be tendered to cure the default.

(D)The right of the buyer to cure the default at any time before title to the manufactured home is lawfully transferred from the buyer, which shall be at least 45 days after receipt of the notice.

(E)The method by which the buyer's ownership or possession of the manufactured home may be terminated.

(3)Notice under this subsection shall not be required if the buyer has abandoned or voluntarily surrendered the property that is the subject of the contract.

(b)Cure of default.--

(1)Notwithstanding any other provision of law, the buyer of a manufactured home under an installment sale contract or another person on the buyer's behalf may cure the buyer's default and prevent the sale or other disposition of the manufactured home and avoid acceleration:

(i)After the notice under subsection

(a)has been given.

(ii)At any time before title to the manufactured home is lawfully transferred from the buyer, which shall be at least 45 days after the buyer's receipt of the notice.

(iii)Not more than three times in a calendar year.

(iv)By tendering the amount or performance specified in this section.

(2)To cure a default under this subsection, the buyer shall take the following actions:

(i)Pay by cash, cashier's check or certified check all sums which would have been due at the time of payment, in the absence of default or exercise of an acceleration clause.

(ii)Perform any other obligation which the buyer would have been bound to perform, in the absence of default or exercise of an acceleration clause.

(iii)Pay reasonable fees allowed under subsection

(d)and reasonable costs of proceeding to commence legal action as specified in writing by the holder and actually incurred to the date of payment.

(iv)Pay a reasonable late penalty, if provided for in the contract.

(v)Pay the costs that are reasonable and actually incurred by the holder for detaching and transporting the manufactured home to the site of the sale.

(3)The cure of a default under this subsection shall restore the buyer to the same position as if the default had not occurred.

(c)Prepayment.-- An obligation under an installment sale contract for a manufactured home may be prepaid without penalty or other charge for prepayment at any time before the end of the period of the loan.

(d)Attorney fees.-- A holder of an installment sale contract for a manufactured home may not contract for or receive attorney fees from the buyer except as follows:

(1)Upon commencement of legal action regarding the contract, attorney fees that are reasonable and actually incurred by the holder may be charged to the buyer.

(2)Prior to commencement of legal action regarding the contract, attorney fees may be charged if they are:

(i)Reasonable and actually incurred.

(ii)Not in excess of $150.

(iii)Incurred after the 30-day notice period under subsection (a).

(e)Waiver prohibited.-- Notwithstanding any other provision of law, a person may not waive the provisions of this section by an oral or written agreement.

(f)Applicability.-- Notwithstanding this section, the act of November 24, 1976 (P.L.1176, No.261), known as the Manufactured Home Community Rights Act, shall govern procedures regarding abandoned manufactured homes.

12c6271h

SUBCHAPTER F

PENALTIES AND LIABILITY

Sec.

6271. Operating without license.

6272. Violation of chapter provisions.

6273. Use of unlicensed collector-repossessor.

6274. Civil penalty by department.

6275. Liability of sales finance company.

12c6271s