Pennsylvania law allows lenders to repossess property in which they have a security interest if the debtor falls behind in payments, according to the Pennsylvania Legal Aid Network. For lenders to take this action, there must be a written security agreement and it must be possible to peacefully repossess the property.
To be enforceable, a written security agreement must be signed by the debtor and list the specific property used as collateral, notes the Pennsylvania Legal Aid Network. This agreement must also clearly state the property is subject to repossession upon default. In addition, the creditor must be able to collect the property without violating the law. Creditors may seek relief from the courts if collateral is withheld by debtors in such a way that rightful repossession violates a law, such as trespassing.
Creditors are not required to give notice before repossession of vehicles, explains the Pennsylvania Legal Aid Network. Repossession of other personal property, including appliances and furniture, requires at least 21 days written notice prior to action. To repossess a mobile home, creditors must provide a written notice at least 30 days before seizing the property. In both cases, the debtor can bring payments current to avoid repossession.Learn More
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