Ca Code, Civil Code – CIV § 2954.11
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(a) As found in this area:
(1) “Open-end credit plan” has got 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 element of a credit that is open-end which offers for an independent subaccount regarding the open-end credit plan pursuant that 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 reference to the total amount outstanding under any kind of function of this open-end credit plan or even the repayment routine with regards to the other function.
(b)(1) Except as otherwise given by statute, the debtor under any installment loan will be eligible to prepay your whole or any area of the installment loan, along with any accrued interest, anytime.
(2) with regards to any installment loan, absolutely nothing in this area shall preclude a debtor from becoming obligated, by the agreement on paper, to pay for a prepayment fee; but merely a prepayment made within five many years of the date the installment loan is created could be susceptible to a prepayment cost after which entirely as herein established. A sum perhaps not surpassing 20 % of initial principal quantity associated with the installment loan can be prepaid in every one 12-month period without incurring a prepayment fee. A prepayment fee can be imposed on any quantity prepaid in almost any period that is 12-month more than 20 % for the initial principal level of the installment loan, which charge shall perhaps not go beyond a sum corresponding to the repayment of 6 months’ advance interest regarding the quantity prepaid more than 20 per cent associated with the initial principal quantity of the installment loan.
(c) For purposes of subdivision (b):
(1) In the event that deed of trust or home loan secures payment greater than one installment loan, all the installment loans will be considered to possess been separately made in the date your profits regarding the installment loan are advanced level.
(2) In the event that outstanding stability of that loan higher 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 be deemed to possess been made as soon as the loan becomes at the mercy of the installment loan function, perhaps the function had been offered at the debtor’s choice under initial regards to the open-end credit plan or perhaps the function thereafter became available upon modification for the initial regards to the open-end credit plan.
(d) Notwithstanding subdivision (b), no prepayment cost might be imposed with regards to an installment loan susceptible to this part if some of the apply that is following
(1) The domestic framework securing the installment loan was damaged to this level by an all-natural tragedy that a situation of crisis is announced because of the Governor, pursuant to Chapter 7 (commencing with part 8550) of Division 1 of Title 2 of this national Code, that the domestic structure is not occupied as well as the prepayment is causally associated thereto.
(2) The prepayment is manufactured along with a bona fide purchase of genuine home securing the installment loan.
(3) the lending company will not adhere to subdivision (age).
(4) The expression associated with installment loan is for no more than 5 years as well as the principal that is original associated with installment loan is lower than five thousand bucks ($5,000).
(age)(1) the lending company getting a debtor’s responsibility to cover a prepayment fee authorized by subdivision (b) shall furnish the debtor having written disclosure explaining the presence of the charge that is prepayment, the conditions under that the prepayment cost will be payable, additionally the technique through which the total amount of the prepayment fee will probably 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, and/or means for determining the quantity of, the prepayment fee for the installment loan will be established in agreement regulating the open-end credit plan.
(f)(1) The disclosure needed by paragraph (1) of subdivision (age) will be furnished whenever or around thirty days prior to the debtor signs the contract or any other papers needed because of the loan provider the installment loan, or no prior to when 1 month before nor later than 10 times after the generating of this installment loan, if made without having the borrower being forced to signal an understanding or other paperwork, such as for example could be the situation in the event that installment loan can be made on such basis as phone or any other talks between your lender as well as the debtor maybe not place that is taking individual. In the event that installment loan is manufactured prior to the debtor was furnished utilizing the disclosure needed by paragraph (1) of subdivision (age), the debtor shall have the ability to rescind the installment loan while the associated responsibility to spend a prepayment fee by myself delivering or mailing notice to this impact to your loan provider, by first-class mail with postage prepaid, during the loan provider’s location reported with its disclosure in regards to the straight to rescind within 10 times following a furnishing regarding the disclosure.
(2) In the event that disclosure needed by paragraph (1) of subdivision (age) is roofed into the contract or any other document finalized by the debtor the installment loan, the disclosure will be considered provided 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 (age) might be individually furnished or might be within the contract or other document the installment loan, provided a duplicate associated with disclosure that the debtor may retain is furnished to your debtor.
(4) if you have one or more debtor according to the open-end credit plan, a disclosure to virtually any one of these pursuant to subdivision (age) shall fulfill the demands of the subdivision pertaining to them all.
(g) If after an installment loan is created the lending company gets the borrower’s prompt notice for the rescission of this installment loan according to subdivision (f), the total amount for the installment loan will be utilized in the open-end subaccount for the credit that is open-end and also the debtor will probably be obligated to settle the total amount underneath the same conditions and terms, and at the mercy of the exact same costs along with other fees, since could be relevant had the mortgage at first been extended pursuant to your open-end credit plan or had the installment loan never ever been made.
(h) This part relates to any installment loan guaranteed with a deed of trust or home loan or other lien on investment property of four devices or less and Section 2954.9 cannot connect with such installment loans. This area shall perhaps not connect with any loan which susceptible to part 10242.6 regarding the continuing business and careers Code.
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