§ 2309. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them under section 2303
(relating to definitions) unless the context clearly indicates
otherwise.
§ 2310. Sheriff's commission.
(a) Timing of payment.--With respect to a mortgaged
property, the commission payable to the sheriff provided under
section 4(b) of the act of July 6, 1984 (P.L.614, No.127), known
as the Sheriff Fee Act, shall not be due unless the mortgaged
property is sold at the execution sale conducted by the sheriff.
(b) Stay, cancellation, withdrawal or postponement of
sale.--If the execution sale of a mortgaged property is stayed,
canceled, withdrawn or postponed due to bankruptcy, because the
mortgage is decelerated and brought current, in whole or in
part, is paid in full or as a result of a loan modification of
the mortgage loan or other resolution of the foreclosure action
or for another reason, the sheriff shall not be entitled to the
commission.
§ 2311. Limitation on creditor's attorney fees.
(a) After commencement of proceedings.--
(1) After the commencement of foreclosure or other legal
action with respect to a residential mortgage that is subject
to the limits on attorney fees provided under section 406 of
the act of January 30, 1974 (P.L.13, No.6), referred to as
the Loan Interest and Protection Law, attorney fees that are
reasonable and actually incurred by the residential mortgage
lender may be charged to the residential mortgage debtor.
(2) Attorney fees are presumed to be reasonable under
paragraph (1) if they:
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