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Financial Code - FIN - FIN § 22167
Financial Code - FIN - FIN § 22167
A licensed finance lender may act as a broker as defined in Section 22004 at its licensed place of business without obtaining an additional license as a broker under this division provided the licensee has notified the commissioner of the action in writing.
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Financial Code - FIN - FIN § 22168
Financial Code - FIN - FIN § 22168
(a) The commissioner may, after appropriate notice and opportunity for hearing, suspend for a period not to exceed 12 months or bar a person from any position of employment with a licensee if the commissioner finds that the person has willfully used or claimed without authority a
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Financial Code - FIN - FIN § 22169
Financial Code - FIN - FIN § 22169
(a) The commissioner may, after appropriate notice and opportunity for hearing, by order, censure or suspend for a period not exceeding 12 months, or bar a person, including a mortgage loan originator, from any position of employment with, or management or control of, any finance
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Financial Code - FIN - FIN § 22170
Financial Code - FIN - FIN § 22170
(a) It is unlawful for any person to knowingly alter, destroy, mutilate, conceal, cover up, falsify, or make a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the administration or enforcement of any provision of this divi
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Financial Code - FIN - FIN § 22171
Financial Code - FIN - FIN § 22171
(a) The commissioner shall apply the guidance on nontraditional mortgage product risks published on November 14, 2006, by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators, and the Statement on Subprime Mortgage Lending publi
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Financial Code - FIN - FIN § 22172
Financial Code - FIN - FIN § 22172
(a) The commissioner may do one or more of the following: (1) Deny, suspend, revoke, condition, or decline to renew a mortgage loan originator license for a violation of this division, or any rules or regulations adopted thereunder. (2) Deny, suspend, revoke, condition, or declin
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Financial Code - FIN - FIN § 22200
Financial Code - FIN - FIN § 22200
“Charges” include the aggregate interest, fees, bonuses, commissions, brokerage, discounts, expenses, and other forms of costs charged, contracted for, or received by a licensee or any other person in connection with the investigating, arranging, negotiating, procuring, guarantee
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Financial Code - FIN - FIN § 22201
Financial Code - FIN - FIN § 22201
“Charges” include any profit or advantage of any kind that a licensee may contract for, collect, receive, or obtain by a collateral sale, purchase, or agreement, in connection with negotiating, arranging, making, or otherwise in connection with any loan.
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Financial Code - FIN - FIN § 22202
Financial Code - FIN - FIN § 22202
“Charges” do not include any of the following: (a) Commissions received as a licensed insurance agent or broker in connection with insurance written as provided in Section 22313. (b) Amounts not in excess of the amounts specified in subdivision (c) of Section 3068 of the Civil Co
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Financial Code - FIN - FIN § 22203
Financial Code - FIN - FIN § 22203
“Consumer loan” means a loan, whether secured by either real or personal property, or both, or unsecured, the proceeds of which are intended by the borrower for use primarily for personal, family, or household purposes. For purposes of determining whether a loan is a consumer loa
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Financial Code - FIN - FIN § 22204
Financial Code - FIN - FIN § 22204
(a) In addition to the definition of consumer loan in Section 22203, a “consumer loan” also means a loan of a principal amount of less than five thousand dollars ($5,000), the proceeds of which are intended by the borrower for use primarily for other than personal, family, or hou
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Financial Code - FIN - FIN § 22250
Financial Code - FIN - FIN § 22250
(a) The following sections do not apply to any loan of a bona fide principal amount of ten thousand dollars ($10,000) or more, or to a duly licensed finance lender in connection with any such loan or loans, if the provisions of this section are not used for the purpose of evading
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Financial Code - FIN - FIN § 22251
Financial Code - FIN - FIN § 22251
Any section that refers to this section does not apply to any loan of the bona fide principal amount specified in the regulatory ceiling provision of that section or more if that provision is not used for the purpose of evading this division. In determining under Section 22250, 2
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Financial Code - FIN - FIN § 22252
Financial Code - FIN - FIN § 22252
This chapter does not apply to a program administrator or a PACE solicitor.
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Financial Code - FIN - FIN § 22300
Financial Code - FIN - FIN § 22300
No licensee shall directly or indirectly charge, contract for, or receive any interest or charge of any nature unless a loan is made.
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Financial Code - FIN - FIN § 22301
Financial Code - FIN - FIN § 22301
(a) No licensee shall directly or indirectly charge, contract for, or receive any interest or charge of any nature with respect to a loan of five thousand dollars ($5,000) or more unless the loan is made. (b) Notwithstanding subdivision (a), whenever a loan of five thousand dolla
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Financial Code - FIN - FIN § 22302
Financial Code - FIN - FIN § 22302
(a) Section 1670.5 of the Civil Code applies to the provisions of a loan contract that is subject to this division. (b) A loan found to be unconscionable pursuant to Section 1670.5 of the Civil Code shall be deemed to be in violation of this division and subject to the remedies s
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Financial Code - FIN - FIN § 22303
Financial Code - FIN - FIN § 22303
Every licensee who lends any sum of money may contract for and receive charges at a rate not exceeding the sum of the following: (a) Two and one-half percent per month on that part of the unpaid principal balance of any loan up to, including, but not in excess of two hundred twen
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Financial Code - FIN - FIN § 22304
Financial Code - FIN - FIN § 22304
As an alternative to the charges authorized by Section 22303, a licensee may contract for and receive charges at the greater of the following: (a) A rate not exceeding 1.6 percent per month on the unpaid principal balance. (b) A rate not exceeding five-sixths of 1 percent per mon
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Financial Code - FIN - FIN § 22304.5
Financial Code - FIN - FIN § 22304.5
(a) For any loan of a bona fide principal amount of at least two thousand five hundred dollars ($2,500) but less than ten thousand dollars ($10,000), as determined in accordance with Section 22251, a finance lender may contract for or receive charges at a rate not exceeding an an
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Financial Code - FIN - FIN § 22305
Financial Code - FIN - FIN § 22305
In addition to the charges authorized by Section 22303, 22304, or 22304.5, a licensee may contract for and receive an administrative fee, which shall be fully earned immediately upon making the loan, with respect to a loan of a bona fide principal amount of not more than two thou
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Financial Code - FIN - FIN § 22306
Financial Code - FIN - FIN § 22306
No amount in excess of that allowed by this article shall be directly or indirectly charged, contracted for, or received by any person, and the total charges of the finance lender and broker and any other person in the aggregate shall not exceed the maximum rate provided for in t
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Financial Code - FIN - FIN § 22307
Financial Code - FIN - FIN § 22307
(a) Except as provided in Section 22305 and Article 4 (commencing with Section 22400), all charges on loans made under this division shall be computed and paid only as a percentage per month of the unpaid principal balance or portions thereof, and shall be so expressed in every o
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Financial Code - FIN - FIN § 22307.5
Financial Code - FIN - FIN § 22307.5
A licensee shall not charge, impose, or receive any penalty for the prepayment of a loan. This section does not apply to a loan secured by real property.
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Financial Code - FIN - FIN § 22308
Financial Code - FIN - FIN § 22308
Notwithstanding Section 22307, a licensee may contract for and receive charges on the unpaid principal balance at a single annual percentage rate, applied on the basis of the number of days actually elapsed, if the annual rate would produce a finance charge at the maturity of the