Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 62 - Motor Vehicle Sales Finance
Section 6244 - Refinance charges


(a) General rule.--
(1) A holder of an installment sale contract may:
(i) extend the scheduled due date or defer the scheduled payment of all or part of an unpaid installment payment;
(ii) renew the unpaid time balance of the contract; or
(iii) contract for, receive and collect a refinance charge for an extension, deferment or renewal under subparagraphs (i) and (ii).
(2) A refinance charge for a motor vehicle under section 6243(d) and (e) (relating to finance charges) may not exceed the amount determined under this section.
(b) Rates and computation.--
(1) For a motor vehicle under section 6243(d)(1) and (e), the refinance charge shall be determined by either of the following:
(i) Subject to subsection (c), the refinance charge on the amount of a refinanced full or partial installment payment for which each full or partial payment is extended or deferred may not exceed the equivalent of the following rates:
(A) One percent per month for a vehicle under section 6243(d)(1).
(B) One and one-half percent per month for a vehicle under section 6243(e)(1).
(C) Two percent per month for a vehicle under section 6243(e)(2).
(ii) Subject to subsection (d), the refinance charge on the amount obtained shall be determined by:
(A) Adding the unpaid time balance of the contract, insurance charges, other charges incidental to refinancing and unpaid late charges that may be accrued.
(B) Deducting a rebate that may be due to the buyer for prepayment incidental to refinancing, at the rate of the finance charge in the original contract, for the term of the renewal contract and subject to the provisions of this chapter governing computation of the original finance charge.
(2) For a motor vehicle under section 6243(d)(2) and (3), the refinance charge shall be determined by the method of computation under paragraph (1)(ii).
(3) For a manufactured home under section 6243(c), the refinance charge shall be determined by regulation of the Federal Housing Administration pursuant to the National Housing Act (48 Stat. 1246, 12 U.S.C. ยง 1701 et seq.).
(4) Subject to paragraph (3), if the refinancing of a motor vehicle is insured or guaranteed in whole or in part by the Department of Veterans Affairs or another Federal department or agency, the laws or regulations that govern the Federal department or agency regarding the maximum refinance charge and rate of interest for the refinancing shall govern.
(c) Fractional month.--A computed refinance charge under subsection (b)(1) may be computed on the basis of a full month for any fractional month period in excess of ten days.
(d) Other provisions not applicable to computation.--The provisions of this chapter governing minimum prepayment rebate shall not apply in calculating refinance charges on the contract renewed under subsection (b)(2).
(e) Prohibited contents.--Except as provided in subsection (f) and subject to subsection (g), the holder of an installment sale contract may not include in a refinancing contract a cash loan to the buyer or credit extended to the buyer incidental to the purchase of goods or services.
(f) Permissible contents.--A holder under subsection (e) may include the following in the refinance contract:
(1) Charges for accessories, equipment and parts for the motor vehicle sold under the contract.
(2) Charges for repairs and services to the motor vehicle.
(3) Finance charges.
(g) Loan.--
(1) A loan under subsection (e) shall not include and nothing in this chapter shall be construed to otherwise prohibit a rearrangement of payments under an installment sale contract by a refinance transaction involving a restoration of certain installment payments made under the contract.
(2) A refinance charge on an amount restored pursuant to paragraph (1) may not exceed the equivalent of 6% simple interest per year.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 12 - COMMERCE AND TRADE

Chapter 62 - Motor Vehicle Sales Finance

Extra - Chapter Notes

Section 6201 - Scope of chapter

Section 6202 - Definitions

Section 6203 - Authority of department

Section 6204 - Records

Section 6205 - Appeals

Section 6206 - Deposit of fees and fines

Section 6207 - Distribution of information

Section 6208 - Venue

Section 6209 - Applicability

Section 6210 - Consumer complaints

Section 6211 - General license rules

Section 6212 - Initial license application

Section 6213 - Bond

Section 6214 - License fees

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 6221 - Requirements

Section 6222 - Contents

Section 6223 - Notice

Section 6224 - Itemization

Section 6225 - Disclosure

Section 6226 - Heavy commercial motor vehicle

Section 6227 - Manufactured homes

Section 6228 - Prohibited provisions

Section 6229 - Transfer

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 6236 - Enforcement

Section 6241 - Insurance

Section 6242 - Other costs included in amount financed

Section 6243 - Finance charges

Section 6244 - Refinance charges

Section 6245 - Late 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

Section 6274 - Civil penalty by department

Section 6275 - Liability of sales finance company