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#251842 - 10/01/04 08:51 PM $25 loan administrative fee
Norman Offline
Member
Joined: Jul 2004
Posts: 70
Wisconsin
Regarding 47.59 6(d). In MN are state banks only allowed to charge a $25.00 if the loan amount is under $4,320 for consumer loans? Let's say we have a car loan for $10,000, are we allowed to charge a fee that the bank will keep for processing the loan? If I am understanding the law, it appears that we can't.

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#251843 - 10/05/04 04:28 AM Re: $25 loan administrative fee
Strategery Offline
100 Club
Strategery
Joined: Jan 2004
Posts: 125
Snow Country
As I also understand it, MN state banks are only allowed to charge $25 admin fee on loans less than 4320, however, I believe you can charge a higher fee on closed end credit over $4320 but you have to refund the pro-rata amount if the loan pays off early to avoid exceeding statutory APR maximum (21.75%). We only charge the $25 for all closed end and refund pro-rata on loans over $4320. Other note: if the refund would be less than $5, you don't need to refund. Hope this helps.

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#251844 - 10/05/04 01:24 PM Re: $25 loan administrative fee
Norman Offline
Member
Joined: Jul 2004
Posts: 70
Wisconsin
Yes, it does help. Thank you for sharing how you handle this. I have reviewed all the resources that I have available to me and it sure helps having someone like yourself willing to share their knowledge. Thanks again.

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#2130262 - 05/12/17 02:01 PM Re: $25 loan administrative fee Norman
Banker57 Offline
Gold Star
Joined: Jul 2010
Posts: 439
Minnesota
Regardng the calculations for the pro-rata refund. A loan (over $6480) that a $50.00 admin fee was charged, The loan matured and was then renewed. Now the "renewal" is paid early. Do we still consider the original $50 for possible refund?

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#2157177 - 12/13/17 08:53 PM Re: $25 loan administrative fee Norman
KeepSmiling Offline
Member
Joined: Jun 2008
Posts: 85
Is the admin fee a finance charge? We are thinking of adding a $10 admin fee to very small loans, but we are concerned that it could bump us up over an allowable APR amount.

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#2157191 - 12/13/17 09:35 PM Re: $25 loan administrative fee KeepSmiling
RR Sarah Offline
Power Poster
RR Sarah
Joined: Mar 2004
Posts: 2,507
Up North
c. Other Charges
Certain other additional charges are specifically allowed by Minn. Stat.
§ 47.59, subd. 6, and therefore need not be considered in determining the
statutory finance charge. These charges include:


ï‚· official fees and taxes;

ï‚· certain insurance charges, if disclosed (See subsection d, below);

 a charge at the rate permitted by Minn. Stat. § 604.113 for return of
checks or automated payment withdrawal requests;

ï‚· with respect to loans secured by real estate, if they are bona fide,
reasonable in amount, and not for the purpose of circumvention or
evasion of the statute:

(i) fees or premiums for title examination, abstract of title, title
insurance, surveys, or similar purposes;
(ii) fees for preparation of a deed, mortgage, settlement statement, or
other document, if not paid to the bank;
(iii) escrows for future payments of taxes, including assessments for
improvements, insurance, water, sewer, and land rents;
(iv) fees for notarizing deeds and other documents;
(v) appraisal and credit report fees;
(vi) fees for determining whether any portion of the property is located
in a flood zone and fees for ongoing monitoring for changes in flood
zone status; and

ï‚· with respect to closed-end loans in the original principal amount of
$6,480 or less, a one-time “loan administrative fee” of up to $25. The
loan administrative fee may be paid in cash at the time of loan closing,
or it may be added to the original principal amount of the loan and
paid back over time, with interest. Even if it is added to the original
principal amount of the loan, the loan administrative fee need not be
counted in determining whether the $6,480 cap has been exceeded.
_________________________
Sometimes you have to burn a few bridges to keep the crazies from following you.

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