Skip to content
BOL Conferences
Learn More - Click Here!

Thread Options
#40378 - 11/01/02 07:35 PM Rules governing refund of finance charge
Rick Tryon Offline
100 Club
Rick Tryon
Joined: Mar 2002
Posts: 169
Clinton IN, USA
Can anyone point me in the direction of the rules governing refund of finance charge if a loan pays off early. Our disclosures always state that the customer is not entitled to a refund of the fin. charge if the loan pays off before maturity. Are there rules that determine when a refund of this type should be made or is up to the lender to decide?
_________________________
Opinions expressed here are mine, not necessarily my employers. This is not legal advice.

Return to Top
#40379 - 11/01/02 07:48 PM Re: Rules governing refund of finance charge
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
Rick, you'll want to review the IN Code.

IC 24-4.5-3-210
SEC. 210. Rebate upon Prepayment.
(1) Except as provided in subsection (2), upon prepayment-in-full of the unpaid balance of a precomputed consumer loan, refinancing, or consolidation, an amount not less than the unearned portion of the loan finance charge calculated according to this section shall be rebated to the debtor. If the rebate otherwise required is less than one dollar ($1), no rebate need be made.
(2) Upon prepayment-in-full of a consumer loan, refinancing, or consolidation, other than one (1) under a revolving loan account, if the loan finance charge earned is less than any permitted minimum loan finance charge ( IC 24-4.5-3-201(6) or IC 24-4.5-3-508(7)) contracted for, whether or not the consumer loan, refinancing, or consolidation is precomputed, the lender may collect or retain the minimum loan finance charge, as if earned, not exceeding the loan finance charge contracted for.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

Return to Top