(a) Installment seller.--An installment seller of a motor vehicle under an installment sale contract executed in this Commonwealth may not sell, transfer or assign the obligation represented by the contract to a person in this Commonwealth or elsewhere unless the person is licensed as a sales finance company under this chapter.
(b) Sales finance company.--A sales finance company licensed under this chapter may not sell, transfer or assign the obligation represented by an installment sale contract executed in this Commonwealth, which it has lawfully acquired, to a person in this Commonwealth or elsewhere unless the person is licensed as a sales finance company under this chapter.
(c) Notice; effect on subsequent holder.--If an installment sale contract is lawfully sold, transferred or assigned to a person who is licensed as a sales finance company under this chapter, the buyer's payment or tender of payment made to and service of notice on the last known holder is binding on a subsequent holder until the new holder furnishes to the buyer a written notice of the sale, transfer or assignment that sets forth the name and address of the new holder authorized to receive future payments on the contract.
(d) Default; notice; effect on subsequent holder.--
(1) If an installment sale contract lawfully acquired by a sales finance company is in default, the holder may resell, retransfer or reassign the contract to the installment seller from whom the contract was originally acquired.
(2) The buyer's payment or tender of payment made to and service of notice on the last known holder is binding on a subsequent holder until the new holder furnishes to the buyer a written notice of the resale, retransfer or reassignment that sets forth the following:
(i) The name and address of the new holder authorized to receive future payments on the contract.
(ii) The unpaid time balance.
(iii) The accrued late charges due under the contract.
(e) Applicability.--
(1) This section does not apply to an assignment of an aggregation of installment sale contracts:
(i) which is executed by a seller or sales finance company only as a security interest securing payment or performance of a bona fide commercial loan, obtained at lawful rates of interest from a person regularly engaged in the business of lending money on the security of the assigned collateral or amounts due pursuant to a security or debt instrument; and
(ii) under which, in the absence of default or other bona fide breach of the loan contract:
(A) ownership of the assigned contracts remains vested in the assignor; and
(B) collection of payments on the assigned contracts is made by the assignor.
(2) An assignment of an aggregation of loan contracts under this section may not be for the purpose of evading or circumventing the provisions of this chapter.
Cross References. Section 6229 is referred to in section 6202 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 62 - Motor Vehicle Sales Finance
Section 6201 - Scope of chapter
Section 6203 - Authority of department
Section 6206 - Deposit of fees and fines
Section 6207 - Distribution of information
Section 6210 - Consumer complaints
Section 6211 - General license rules
Section 6212 - Initial license application
Section 6215 - License certificate
Section 6216 - License renewal
Section 6217 - Refusal to issue license or license renewal
Section 6218 - Revocation or suspension of license
Section 6219 - Multiple places of business
Section 6226 - Heavy commercial motor vehicle
Section 6227 - Manufactured homes
Section 6228 - Prohibited provisions
Section 6230 - Statement of account to buyer
Section 6231 - Payment receipts
Section 6232 - Release of liens
Section 6233 - Prohibited charges
Section 6234 - Waiver of statutory protection prohibited
Section 6235 - Effect of license expiration, surrender and revocation on contracts
Section 6242 - Other costs included in amount financed
Section 6243 - Finance charges
Section 6244 - Refinance charges
Section 6246 - Refund for prepayment of contract
Section 6251 - Repossession authorized
Section 6252 - Who may repossess
Section 6253 - Legal proceedings
Section 6254 - Notice of repossession
Section 6255 - Personal property in repossessed motor vehicle
Section 6256 - Buyer's liability for costs
Section 6257 - Notice to police
Section 6258 - Reinstatement of contract after repossession
Section 6259 - Redemption and termination of contract after repossession
Section 6260 - Sale of motor vehicle after repossession
Section 6261 - Deficiency judgment
Section 6262 - Procedures for manufactured homes
Section 6271 - Operating without license
Section 6272 - Violation of chapter provisions
Section 6273 - Use of unlicensed collector-repossessor