Ca Code, Civil Code – CIV § 2954.11

Search Ca Codes

Re Re Search by Keyword or Citation

(a) As found in this area:

(1) “Open-end credit plan” gets the meaning established in Regulation Z of this 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 a open-end credit plan which supplies for a different subaccount regarding the open-end credit plan pursuant to which the main of, and interest on, the mortgage related to that subaccount can be paid back in considerably equal installments more than a certain period without reference to the quantity outstanding under just about any function regarding the open-end credit plan or perhaps the re payment routine according to the other function.

(b)(1) Except as otherwise given by statute, the borrower under any installment loan will probably be eligible to prepay the entire or any an element of the installment loan, along with any accrued interest, whenever you want.

(2) with regards to any installment loan, absolutely nothing in this area shall preclude a debtor from becoming obligated, by the agreement written down, to pay for a prepayment cost; but just a prepayment made within five many years of the date the installment loan is created could be at the mercy of a prepayment fee after which entirely as herein set forth. A sum perhaps perhaps not surpassing 20 percent for the original principal amount regarding the installment loan could be prepaid in just about any one 12-month duration without incurring a prepayment fee. A prepayment cost can be imposed on any quantity prepaid in almost any period that is 12-month more than 20 % regarding the original principal level of the installment loan, which charge shall not go beyond a sum add up to the re re payment of half a year’ advance interest in the quantity prepaid more than 20 per cent regarding the original principal level of the installment loan.

(c) For purposes of subdivision (b):

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

(2) If the outstanding stability 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 deemed to own been made if the loan becomes susceptible to the installment loan function, perhaps the function had been offered by the debtor’s choice under original regards to the open-end credit plan or perhaps the feature thereafter became available upon modification associated with initial regards to the open-end credit plan.

(d) Notwithstanding subdivision (b), no prepayment cost could be imposed pertaining to an installment loan susceptible to this section if some of the apply that is following

(1) The domestic framework securing the installment loan was damaged to this kind of extent by an all natural tragedy which is why a situation of crisis is announced because of the Governor, pursuant to Chapter 7 (commencing with part 8550) of Division 1 of Title 2 for the national Code, that the residential framework can’t be occupied as well as the prepayment is causally related thereto.

(2) The prepayment is created together with a genuine purchase of this real home securing the installment loan.

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

(4) The expression associated with installment loan is actually for less than 5 years plus the original principal amount for the installment loan is significantly less than five thousand bucks ($5,000).

( ag e)(1) the lending company getting a debtor’s responsibility to cover a prepayment fee authorized by subdivision (b) shall furnish the debtor with a written disclosure describing the presence of the prepayment charge obligation, the conditions under that the prepayment cost will be payable, additionally the technique through which the quantity of the prepayment fee will probably be determined. If subdivision (f) supplies the borrower with the right to rescind the installment loan as well as the relevant responsibility to pay a prepayment cost, the disclosure required by this subdivision shall additionally inform the debtor with this directly to rescind, exactly how so when to work out the proper, and where you can mail or deliver a notice of rescission.

(2) The actual quantity of, or even the way of determining the total amount of, the prepayment charge for the installment loan will be set forth when you look at the contract regulating the open-end credit plan.

(f)(1) The disclosure required by paragraph (1) of subdivision ( e) will be furnished when or as much as 30 times prior to the borrower signs the contract or any other papers needed by the loan provider for the installment loan, or no prior to when thirty day period before nor later than 10 times after the generating of this installment loan, if made minus the borrower needing to signal an understanding or other paperwork, such as for example will be the situation in the event that installment loan can be made based on phone or other conversations involving the loan provider therefore the borrower perhaps not occurring in person. In the event that installment loan is created ahead of the debtor happens to be furnished using the disclosure required by paragraph (1) of subdivision ( e), the debtor shall have the ability to rescind the installment loan plus the obligation that is related spend a prepayment fee by myself delivering or mailing notice to that particular impact into the loan provider, by first-class mail with postage prepaid, during the loan provider’s location claimed in 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 ( ag e) is roofed when you look at the agreement or any other document finalized by the debtor for the installment loan, the disclosure will probably be considered offered during those times. 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 ( ag ag e) might be individually furnished or could be within the contract or any other document for the installment loan, so long as a copy for the disclosure that the debtor may retain is furnished to your debtor.

(4) when there is one or more borrower according to the open-end credit plan, a disclosure to virtually any certainly one of them pursuant to subdivision ( ag ag e) shall fulfill the needs of the subdivision pertaining to them all.

(g) If after an installment loan is manufactured the financial institution gets the borrower’s prompt notice associated with the rescission associated with installment loan prior to subdivision (f), the total amount regarding the installment loan will probably be used in the open-end subaccount of this credit that is open-end as well as the debtor will probably be obligated to settle the total amount underneath the exact exact same conditions and terms, and susceptible to the exact same charges as well as other fees, since could be applicable had the mortgage initially been extended pursuant towards the open-end credit plan or had the installment loan never ever been made.

(h) This part pertains to any installment loan secured by way of a deed of trust or home loan or just about any 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 not connect with any loan that is at the mercy of Section 10242.6 regarding the continuing business and careers Code.

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

FindLaw Codes might not mirror probably the most current type of the law in your jurisdiction. Please confirm the status associated with the rule you might be researching with all the state legislature or via Westlaw before counting on it for the needs that are legal.