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#1255098 - 09/23/09 12:03 PM Rebateable fees
Rocky P Offline
Power Poster
Joined: Jun 2003
Posts: 7,659
Florida
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
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#1255228 - 09/23/09 02:12 PM Re: Rebateable fees Rocky P
CDTR Offline
Junior Member
Joined: Jul 2005
Posts: 46
Check out 37-3-210 and 37-23-70(K).

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#1255721 - 09/23/09 07:23 PM Re: Rebateable fees CDTR
Rocky P Offline
Power Poster
Joined: Jun 2003
Posts: 7,659
Florida
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
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Integrity. With it, nothing else matters. Without it, nothing else matters.

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#1255777 - 09/23/09 08:04 PM Re: Rebateable fees Rocky P
CDTR Offline
Junior Member
Joined: Jul 2005
Posts: 46
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."

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#1255861 - 09/23/09 08:45 PM Re: Rebateable fees CDTR
Rocky P Offline
Power Poster
Joined: Jun 2003
Posts: 7,659
Florida
CDTR - Thank you.
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Integrity. With it, nothing else matters. Without it, nothing else matters.

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