reglab/housing_qa huggingface dataset:
13 PA Cons Stat § 9602 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 96 - Default|Section 9602 - Waiver and variance of rights and duties

§ 9602. Waiver and variance of rights and duties. Except as otherwise provided in section 9624 (relating to waiver), to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in:  (1) section 9207(b)(4)(iii) (relating to expenses, risks, duties and rights when secured party in possession);  (2) section 9210 (relating to request for accounting; request regarding list of collateral or statement of account);  (3) section 9607(c) (relating to commercially reasonable collection and enforcement);  (4) sections 9608(a) (relating to application of proceeds, surplus and deficiency if obligation secured) and 9615(c) (relating to application of noncash proceeds) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement or disposition;  (5) sections 9608(a) and 9615(d) (relating to surplus or deficiency if obligation secured) to the extent that they require accounting for or payment of surplus proceeds of collateral;  (6) section 9609 (relating to secured party's right to take possession after default) to the extent that it imposes upon a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace;  (7) sections 9610(b) (relating to commercially reasonable disposition), 9611 (relating to notification before disposition of collateral), 9613 (relating to contents and form of notification before disposition of collateral: general) and 9614 (relating to contents and form of notification before disposition of collateral: consumer-goods transaction);  (8) section 9615(f) (relating to calculation of surplus or deficiency in disposition to person related to secured party);  (9) section 9616 (relating to explanation of calculation of surplus or deficiency);  (10) sections 9620 (relating to acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral), 9621 (relating to notification of proposal to accept collateral) and 9622 (relating to effect of acceptance of collateral);  (11) section 9623 (relating to right to redeem collateral);  (12) section 9624 (relating to waiver); and  (13) sections 9625 (relating to remedies for secured party's failure to comply with division) and 9626 (relating to action in which deficiency or surplus is in issue).  Cross References. Section 9602 is referred to in sections 9601, 9603 of this title.
13 PA Cons Stat § 9603 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 96 - Default|Section 9603 - Agreement on standards concerning rights and duties

§ 9603. Agreement on standards concerning rights and duties.  (a) Agreed standards.--The parties may determine by agreement the standards measuring the fulfillment of the rights of a debtor or obligor and the duties of a secured party under a rule stated in section 9602 (relating to waiver and variance of rights and duties) if the standards are not manifestly unreasonable.  (b) Agreed standards inapplicable to breach of peace.-- Subsection (a) does not apply to the duty under section 9609 (relating to secured party's right to take possession after default) to refrain from breaching the peace.
13 PA Cons Stat § 9604 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 96 - Default|Section 9604 - Procedure if security agreement covers real property or fixtures

§ 9604. Procedure if security agreement covers real property or  fixtures.  (a) Enforcement: personal and real property.--If a security agreement covers both personal and real property, a secured party may proceed:  (1) under this chapter as to the personal property without prejudicing any rights with respect to the real property; or  (2) as to both the personal property and the real property in accordance with the rights with respect to the real property, in which case the other provisions of this chapter do not apply.  (b) Enforcement: fixtures.--Subject to subsection (c), if a security agreement covers goods which are or become fixtures, a secured party may proceed:  (1) under this chapter; or  (2) in accordance with the rights with respect to real property, in which case the other provisions of this chapter do not apply.  (c) Removal of fixtures.--Subject to the other provisions of this chapter, if a secured party holding a security interest in fixtures has priority over all owners and encumbrancers of the real property, the secured party, after default, may remove the collateral from the real property.  (d) Injury caused by removal.--A secured party that removes collateral shall promptly reimburse any encumbrancer or owner of the real property, other than the debtor, for the cost of repair of any physical injury caused by the removal. The secured party need not reimburse the encumbrancer or owner for any diminution in value of the real property caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.  Cross References. Section 9604 is referred to in section 9109 of this title.
13 PA Cons Stat § 9605 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 96 - Default|Section 9605 - Unknown debtor or secondary obligor

§ 9605. Unknown debtor or secondary obligor. A secured party does not owe a duty based on its status as secured party to any of the following:  (1) A person that is a debtor or obligor unless the secured party knows:  (i) that the person is a debtor or obligor;  (ii) the identity of the person; and  (iii) how to communicate with the person.  (2) A secured party or lienholder that has filed a financing statement against a person unless the secured party knows:  (i) that the person is a debtor; and  (ii) the identity of the person.  Cross References. Section 9605 is referred to in section 9601 of this title.
13 PA Cons Stat § 9606 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 96 - Default|Section 9606 - Time of default for agricultural lien

§ 9606. Time of default for agricultural lien. For purposes of this chapter, a default occurs in connection with an agricultural lien at the time the secured party becomes entitled to enforce the lien in accordance with the statute under which it was created.
13 PA Cons Stat § 9608 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 96 - Default|Section 9608 - Application of proceeds of collection or enforcement; liability for deficiency and right to surplus

§ 9608. Application of proceeds of collection or enforcement;  liability for deficiency and right to surplus.  (a) Application of proceeds, surplus and deficiency if obligation secured.--If a security interest or agricultural lien secures payment or performance of an obligation, the following rules apply:  (1) A secured party shall apply or pay over for application the cash proceeds of collection or enforcement under section 9607 (relating to collection and enforcement by secured party) in the following order to:  (i) the reasonable expenses of collection and enforcement and, to the extent provided for by agreement and not prohibited by law, reasonable attorney fees and legal expenses incurred by the secured party;  (ii) the satisfaction of obligations secured by the security interest or agricultural lien under which the collection or enforcement is made; and  (iii) the satisfaction of obligations secured by any subordinate security interest in or other lien on the collateral subject to the security interest or agricultural lien under which the collection or enforcement is made if the secured party receives an authenticated demand for proceeds before distribution of the proceeds is completed.  (2) If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder complies, the secured party need not comply with the holder's demand under paragraph (1)(iii).  (3) A secured party need not apply or pay over for application noncash proceeds of collection and enforcement under section 9607 unless the failure to do so would be commercially unreasonable. A secured party that applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner.  (4) A secured party shall account to and pay a debtor for any surplus, and the obligor is liable for any deficiency.  (b) No surplus or deficiency in sales of certain rights to payment.--If the underlying transaction is a sale of accounts, chattel paper, payment intangibles or promissory notes, the debtor is not entitled to any surplus and the obligor is not liable for any deficiency.  Cross References. Section 9608 is referred to in section 9602 of this title.
13 PA Cons Stat § 9609 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 96 - Default|Section 9609 - Secured party's right to take possession after default

§ 9609. Secured party's right to take possession after default.  (a) Possession; rendering equipment unusable; disposition on debtor's premises.--After default, a secured party:  (1) may take possession of the collateral; and  (2) without removal, may render equipment unusable and dispose of collateral on a debtor's premises under section 9610 (relating to disposition of collateral after default).  (b) Judicial and nonjudicial process.--A secured party may proceed under subsection (a):  (1) pursuant to judicial process; or  (2) without judicial process if it proceeds without breach of the peace.  (c) Assembly of collateral.--If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties.  Cross References. Section 9609 is referred to in sections 9102, 9602, 9603 of this title.
13 PA Cons Stat § 9610 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 96 - Default|Section 9610 - Disposition of collateral after default

 § 9610. Disposition of collateral after default.   (a) Disposition after default.--After default, a secured party may sell, lease, license or otherwise dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing.  (b) Commercially reasonable disposition.--Every aspect of a disposition of collateral, including the method, manner, time, place and other terms, must be commercially reasonable. If commercially reasonable, a secured party may dispose of collateral by public or private proceedings, by one or more contracts, as a unit or in parcels and at any time and place and on any terms.  (c) Purchase by secured party.--A secured party may purchase collateral: (1) at a public disposition; or (2) at a private disposition only if the collateral is of a kind which is customarily sold on a recognized market or the subject of widely distributed standard price quotations.  (d) Warranties on disposition.--A contract for sale, lease, license or other disposition includes the warranties relating to title, possession, quiet enjoyment and the like which by operation of law accompany a voluntary disposition of property of the kind subject to the contract.  (e) Disclaimer of warranties.--A secured party may disclaim or modify warranties under subsection (d): (1) in a manner which would be effective to disclaim or modify the warranties in a voluntary disposition of property of the kind subject to the contract of disposition; or (2) by communicating to the purchaser a record evidencing the contract for disposition and including an express disclaimer or modification of the warranties.  (f) Record sufficient to disclaim warranties.--A record is sufficient to disclaim warranties under subsection (e) if it indicates "There is no warranty relating to title, possession, quiet enjoyment or the like in this disposition" or uses words of similar import.    Cross References. Section 9610 is referred to in sections 9408, 9602, 9609, 9611, 9615, 9616, 9618, 9620, 9623 of this title.
13 PA Cons Stat § 9611 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 96 - Default|Section 9611 - Notification before disposition of collateral

§ 9611. Notification before disposition of collateral.  (a) Notification date.--As used in this section, the term "notification date" means the earlier of the date on which:  (1) a secured party sends to the debtor and any secondary obligor an authenticated notification of disposition; or  (2) the debtor and any secondary obligor waive the right to notification.  (b) Notification of disposition required.--Except as otherwise provided in subsection (d), a secured party that disposes of collateral under section 9610 (relating to disposition of collateral after default) shall send to the persons specified in subsection (c) a reasonable authenticated notification of disposition.  (c) Persons to be notified.--To comply with subsection (b), the secured party shall send an authenticated notification of disposition to all of the following:  (1) The debtor.  (2) Any secondary obligor.  (3) If the collateral is other than consumer goods, all of the following:  (i) Any other person from which the secured party has received, before the notification date, an authenticated notification of a claim of an interest in the collateral.  (ii) Any other secured party or lienholder that, ten days before the notification date, held a security interest in or other lien on the collateral perfected by the filing of a financing statement which:  (A) identified the collateral;  (B) was indexed under the debtor's name as of that date; and  (C) was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date.  (iii) Any other secured party that, ten days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation or treaty described in section 9311(a)  (relating to security interest subject to other law).  (d) Subsection (b) inapplicable: perishable collateral; recognized market.--Subsection (b) does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market.  (e) Compliance with subsection (c)(3)(ii).--A secured party complies with the requirement for notification prescribed by subsection (c)(3)(ii) if both of the following paragraphs apply:  (1) Not later than 20 days or earlier than 30 days before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtor's name in the office indicated in subsection (c)(3)(ii).  (2) Before the notification date, the secured party:  (i) did not receive a response to the request for information; or  (ii) received a response to the request for information and sent an authenticated notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral.  Cross References. Section 9611 is referred to in sections 9602, 9624 of this title.
13 PA Cons Stat § 9612 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 96 - Default|Section 9612 - Timeliness of notification before disposition of collateral

§ 9612. Timeliness of notification before disposition of  collateral.  (a) Reasonable time is question of fact.--Except as otherwise provided in subsection (b), whether a notification is sent within a reasonable time is a question of fact.  (b) Ten-day period sufficient in nonconsumer transaction.-- In a transaction other than a consumer transaction, a notification of disposition sent after default and ten days or more before the earliest time of disposition set forth in the notification is sent within a reasonable time before the disposition.
13 PA Cons Stat § 9613 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 96 - Default|Section 9613 - Contents and form of notification before disposition of collateral: general

§ 9613. Contents and form of notification before disposition of collateral: general.  Except in a consumer-goods transaction, the following rules apply: (1) The contents of a notification of disposition are sufficient if the notification: (i) describes the debtor and the secured party; (ii) describes the collateral which is the subject of the intended disposition; (iii) states the method of intended disposition; (iv) states that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and (v) states the time and place of a public disposition or the time after which any other disposition is to be made. (2) Whether the contents of a notification which lacks any of the information specified in paragraph (1) are nevertheless sufficient is a question of fact. (3) The contents of a notification providing substantially the information specified in paragraph (1) are sufficient even if the notification includes: (i) information not specified by that paragraph; or (ii) minor errors which are not seriously misleading. (4) A particular phrasing of the notification is not required. (5) The following form of notification and the form appearing in section 9614(3) (relating to contents and form of notification before disposition of collateral: consumer-goods transaction), when completed, each provides sufficient information: NOTIFICATION OF DISPOSITION OF COLLATERAL To:______________________(Name of debtor, obligor or other person to which the notification is sent) From:_____________________(Name, address and telephone number of secured party) Name of Debtor(s):______________________(include only if debtor(s) are not an addressee) (For a public disposition:) We will sell (or lease or license, as applicable) the ______________________(describe collateral) (to the highest qualified bidder) in public as follows: Day and Date:_____________________ Time:_____________________ Place:_____________________ (For a private disposition:) We will sell (or lease or license, as applicable) the _____________________(describe collateral) privately sometime after ________________________ (day and date). You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell (or lease or license, as applicable) (for a charge of $_______). You may request an accounting by calling us at  _____________________(telephone number). (End of Form)    Cross References. Section 9613 is referred to in sections 9602, 9614 of this title.
13 PA Cons Stat § 9617 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 96 - Default|Section 9617 - Rights of transferee of collateral

§ 9617. Rights of transferee of collateral.  (a) Effects of disposition.--A secured party's disposition of collateral after default:  (1) transfers to a transferee for value all of the debtor's rights in the collateral;  (2) discharges the security interest under which the disposition is made; and  (3) discharges any subordinate security interest or other subordinate lien.  (b) Rights of good-faith transferee.--A transferee that acts in good faith takes free of the rights and interests described in subsection (a) even if the secured party fails to comply with this division or the requirements of any judicial proceeding.  (c) Rights of other transferee.--If a transferee does not take free of the rights and interests described in subsection (a), the transferee takes the collateral subject to:  (1) the debtor's rights in the collateral;  (2) the security interest or agricultural lien under which the disposition is made; and  (3) any other security interest or other lien.
13 PA Cons Stat § 9618 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 96 - Default|Section 9618 - Rights and duties of certain secondary obligors

§ 9618. Rights and duties of certain secondary obligors.  (a) Rights and duties of secondary obligor.--A secondary obligor acquires the rights and becomes obligated to perform the duties of the secured party after the secondary obligor:  (1) receives an assignment of a secured obligation from the secured party;  (2) receives a transfer of collateral from the secured party and agrees to accept the rights and assume the duties of the secured party; or  (3) is subrogated to the rights of a secured party with respect to collateral.  (b) Effect of assignment, transfer or subrogation.--An assignment, transfer or subrogation described in subsection (a):  (1) is not a disposition of collateral under section 9610 (relating to disposition of collateral after default); and  (2) relieves the secured party of further duties under this division.
13 PA Cons Stat § 9619 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 96 - Default|Section 9619 - Transfer of record or legal title

§ 9619. Transfer of record or legal title.  (a) Transfer statement.--As used in this section, the term "transfer statement" means a record authenticated by a secured party stating:  (1) that the debtor has defaulted in connection with an obligation secured by specified collateral;  (2) that the secured party has exercised its postdefault remedies with respect to the collateral;  (3) that, by reason of the exercise, a transferee has acquired the rights of the debtor in the collateral; and  (4) the name and mailing address of the secured party, debtor and transferee.  (b) Effect of transfer statement.--A transfer statement entitles the transferee to the transfer of record of all rights of the debtor in the collateral specified in the statement in any official filing, recording, registration or certificate-of- title system covering the collateral. If a transfer statement is presented with the applicable fee and request form to the official or office responsible for maintaining the system, the official or office shall:  (1) accept the transfer statement;  (2) promptly amend its records to reflect the transfer; and  (3) if applicable, issue a new appropriate certificate of title in the name of the transferee.  (c) Transfer not a disposition; no relief of secured party's duties.--A transfer of the record or legal title to collateral to a secured party under subsection (b) or otherwise is not of itself a disposition of collateral under this division and does not of itself relieve the secured party of its duties under this division.