Rebateable fees

Posted By: Rocky P

Rebateable fees - 09/23/09 12:03 PM

If a loan is a consumer loan (other than 1st mortgage) I understand that prepaid finance charges are rebateable if the loan is paid off early (simple interest loans).

Can anyone provide a cite so I can ask our core processor for an enhancement?

Thanks
Posted By: CDTR

Re: Rebateable fees - 09/23/09 02:12 PM

Check out 37-3-210 and 37-23-70(K).
Posted By: Rocky P

Re: Rebateable fees - 09/23/09 07:23 PM

Thanks so much for the information - I've read those sections so many times -

Question keeps popping up - the law keep indicating that the rebate applies to prepaid finance charges on "precomputed" loan. All of our loans are simple interest. Would the "rebateable portion" of the law apply to prepaid finance charges on simple interest loans?

Thank you again
Posted By: CDTR

Re: Rebateable fees - 09/23/09 08:04 PM

If you can get hold of a copy of the SC Code with comments, see the comment to section 37-23-70-(K). Among other things it says, "The Department of Consumer Affairs has interpreted Section 37-3-210 as requiring rebate of precomputed charges like points and fees upon prepayment in full of the consumer loan even when the loan is a simple interest loan."
Posted By: Rocky P

Re: Rebateable fees - 09/23/09 08:45 PM

CDTR - Thank you.