Ca Code, Civil Code – CIV § 2954.11

Ca Code, Civil Code – CIV § 2954.11

Search California Codes

Re Search by Keyword or Citation

(a) As found in this part:

(1) “Open-end credit plan” gets the meaning established in Regulation Z for the Federal Reserve System ( 12 C.F.R. 226.2(a)(20) ).

(2) “ Installment loan ” means any loan specified in subdivision (h) extended under an installment loan function.

(3) “ Installment loan function ” means an attribute of an open-end credit plan which offers for a different subaccount of this open-end credit plan pursuant to which the main of, and interest on, the mortgage connected with that subaccount should be paid back in considerably equal installments more than a certain duration without respect to the total amount outstanding under any kind of function of this open-end credit plan or perhaps the re payment routine according to the other feature.

(b)(1) Except as otherwise supplied by statute, the borrower under any installment loan will be eligible to prepay the complete or any the main installment loan, along with any accrued interest, whenever you want.

(2) with regards to any installment loan, absolutely absolutely nothing in this section shall preclude a debtor from becoming obligated, by the agreement written down, to pay for a prepayment fee; but merely a prepayment made within five several years of the date the installment loan is manufactured could be at the mercy of a prepayment cost then entirely as herein set forth. A quantity maybe not exceeding 20 % associated with the original principal amount of this installment loan could be prepaid in virtually any one 12-month period without incurring a prepayment charge. A prepayment fee can be imposed on any quantity prepaid in just about any 12-month period in more than 20 per cent regarding the original principal level of the installment loan, which charge shall not meet or exceed a sum corresponding to the re payment of 6 months’ advance interest regarding the quantity prepaid more than 20 per cent of this original principal level of the installment loan.

(c) For purposes of subdivision (b):

(1) If the deed of trust or home loan secures payment greater than one installment loan, all the installment loans will probably be considered to own been individually made regarding the date that the profits associated with the installment loan are advanced.

(2) If the outstanding balance of that loan advanced level pursuant to an open-end credit plan thereafter becomes at the mercy of an installment loan function of this credit plan, the mortgage will probably be considered to possess been made as soon as the loan becomes susceptible to the installment loan function, whether or not the function was offered by the debtor’s choice under initial terms of the open-end credit plan or even the function thereafter became available upon modification for the initial regards to the credit plan that is open-end.

(d) Notwithstanding subdivision (b), no prepayment fee can be imposed with regards to an installment loan susceptible to this part if any of the apply that is following

(1) The residential framework securing the installment loan is damaged to such an degree by a normal disaster which is why a state of emergency is announced because of the Governor, pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 associated with the Government Code, that the domestic framework can not be occupied and also the prepayment is causally related thereto.

(2) The prepayment is manufactured along with a bona fide purchase of this real home securing the installment loan.

(3) The loan provider will not adhere to subdivision ( ag e).

(4) The expression of this installment loan is actually for no more than 5 years therefore the principal that is original associated with installment loan is lower than five thousand dollars ($5,000).

( e)(1) the lending company finding a debtor’s responsibility to cover a prepayment fee authorized by subdivision (b) shall furnish the debtor having a written disclosure explaining the presence of the charge that is prepayment, the conditions under that the prepayment fee will be payable, plus the technique in which the quantity of the prepayment cost will be determined. The disclosure required by this subdivision shall also inform the borrower of this right to rescind, how and when to exercise the right, and where to mail or deliver a notice of rescission if subdivision (f) provides the borrower with a right to rescind the installment loan and the related obligation to pay a prepayment charge.

(2) The actual quantity of, or even the method for determining the quantity of, the prepayment cost for an installment loan will probably be established within the contract regulating the credit plan that is open-end.

(f)(1) The disclosure needed by paragraph (1) of subdivision ( ag ag e) will probably be furnished when or as much as 30 days ahead of the borrower signs the contract or any other papers required because of the loan provider for the installment loan, or no prior to when 30 days before nor later than 10 times after the creating of the installment loan, if made with no borrower being forced to signal an understanding or other paperwork, such as for example will be the instance in the event that installment loan might be made on the basis of telephone or any other talks amongst the loan provider together with debtor maybe not place that is taking individual. In the event that installment loan is created prior to the debtor was furnished using the disclosure needed by paragraph (1) of subdivision ( ag e), the debtor shall have the ability to rescind the installment loan additionally the associated responsibility to spend a prepayment fee by personally delivering or mailing notice to this impact into the loan provider, by first-class mail with postage prepaid, in the loan provider’s location reported with its disclosure in regards to the directly to rescind within 10 times after the furnishing associated with disclosure.

(2) In the event that disclosure needed by paragraph (1) of subdivision ( e) is roofed within the contract or any other document finalized by the debtor for the installment loan, the disclosure will be considered given in those days. The disclosure shall be deemed furnished when personally delivered to the borrower or three days after it is mailed to the borrower, first-class mail with postage prepaid, at the address to which billing statements for the open-end credit plan are being sent in other cases.

(3) The disclosure needed by paragraph (1) of subdivision ( e) can be individually furnished or might be within the contract or other document for the installment loan, so long as a duplicate regarding the disclosure that the debtor may retain is furnished towards the debtor.

(4) when there is one or more debtor with regards to the open-end credit plan, a disclosure to virtually any certainly one of them pursuant to subdivision ( e) shall match the demands of the subdivision with regards to them all.

(g) If after an installment loan is manufactured the lending company gets the debtor’s prompt notice for the rescission of this installment loan according to subdivision (f), the total amount associated with the installment loan will probably be utilized in the open-end subaccount associated with the open-end credit plan together with borrower will probably be obligated to settle the quantity beneath the exact same conditions and terms, and susceptible to the same fees along with other charges, because could be applicable had the mortgage initially been extended pursuant towards the open-end credit plan or had the installment loan never been made.

(h) This section relates to any loan that is installment by way of a deed of trust or home loan or other lien on investment property of four units or less and Section 2954.9 will not use to such installment loans. This part shall perhaps perhaps not connect with any loan that is at the mercy of Section 10242.6 of this Business and occupations Code.

FindLaw Codes are supplied thanks to Thomson Reuters Westlaw, the industry-leading online research system that is legal. To get more codes that are detailed information, including annotations and citations, please go to Westlaw.

FindLaw Codes may well not mirror probably the most recent type of the legislation in your jurisdiction. Please validate the status regarding the rule you might be researching with all the state legislature or via Westlaw before counting on it for the legal needs.

Liever telefonisch contact? Laat hier je nummer achter en je wordt terug gebeld!