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Financial Code - FIN - FIN § 22309
Financial Code - FIN - FIN § 22309
Except as provided in Section 22305 and Article 4 (commencing with Section 22400), no charges on loans made pursuant to this division shall be paid, deducted, or received in advance, or compounded. However, if part or all of the consideration for a new loan contract is the unpaid
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Financial Code - FIN - FIN § 22310
Financial Code - FIN - FIN § 22310
(a) Except for a rebate or refund pursuant to any administrative, civil, or criminal action, or any act of the commissioner, a rebate or refund required to be made upon payment in full of a loan pursuant to this division need not be made if the aggregate of all rebates or refunds
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Financial Code - FIN - FIN § 22311
Financial Code - FIN - FIN § 22311
No person in connection with or incidental to the making of any loan regulated by this division may require the borrower to contract for purchase, or agree to purchase, any other thing in connection with the loan. A policy of insurance of the type specified in Section 22313 and c
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Financial Code - FIN - FIN § 22312
Financial Code - FIN - FIN § 22312
No person in connection with or incidental to the making of a loan shall require the borrower to enter into any collateral sales agreements or contracts, other than the contract of pledge, assignment, or mortgage or personal property, or if otherwise permitted by this division, t
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Financial Code - FIN - FIN § 22313
Financial Code - FIN - FIN § 22313
Insurance on tangible personal or real property offered as security shall not be deemed to be a collateral sale, purchase, or agreement within the terms of Section 22201, 22311, or 22312, when all the following requirements are met: (a) The insurance is sold at standard rates thr
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Financial Code - FIN - FIN § 22314
Financial Code - FIN - FIN § 22314
(a) Credit insurance shall not be deemed to be a collateral sale, purchase, or agreement within the terms of Section 22201, 22311, or 22312 when the insurance is provided in accordance with the provisions of the Insurance Code and this section. As used in this division: (1) “Cred
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Financial Code - FIN - FIN § 22315
Financial Code - FIN - FIN § 22315
(a) Credit disability insurance written pursuant to Section 22314 shall not provide indemnity against the risk that the borrower will become disabled for a period of less than 14 days. The insurance may provide indemnity for any single period of continuous disability of 14 days o
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Financial Code - FIN - FIN § 22316
Financial Code - FIN - FIN § 22316
A licensee may collect the cost of a lot book report purchased in lieu of the title insurance provided for in Section 22313. The cost is not included in charges as defined in this division or in determining the maximum charges that may be made under this article.
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Financial Code - FIN - FIN § 22317
Financial Code - FIN - FIN § 22317
On any loan made that is secured by real property, an appraisal fee not to exceed the actual cost of the appraisal may be charged by the licensee if a written appraisal is provided to the licensee by a qualified appraiser. Only one fee for appraising the same real property may be
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Financial Code - FIN - FIN § 22317.2
Financial Code - FIN - FIN § 22317.2
(a) A licensee may collect a fee for use of an automated valuation model result prepared by a third party not to exceed the actual cost paid to the third party for a written automated valuation model result in lieu of the appraisal provided for in Section 22317. The borrower shal
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Financial Code - FIN - FIN § 22317.5
Financial Code - FIN - FIN § 22317.5
On any loan secured by real property, a licensee may not do either of the following: (a) Fail to disburse funds in accordance with a commitment to make a loan that is accepted by the applicant. (b) Intentionally delay the closing of a loan for the sole purpose of increasing inter
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Financial Code - FIN - FIN § 22318
Financial Code - FIN - FIN § 22318
On any loan made that is secured by real property, an escrow fee of a reasonable amount may be charged. The fee shall be considered reasonable when paid to a company licensed to do business under the Escrow Law (Division 6 (commencing with Section 17000)), or any person exempted
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Financial Code - FIN - FIN § 22319
Financial Code - FIN - FIN § 22319
On any loan that is secured by real property, the fee to be paid to the trustee for reconveyance of the trust deed may be collected by the licensee for transmittal to the trustee. The fee is not included in charges defined in this division or in determining the applicable maximum
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Financial Code - FIN - FIN § 22320
Financial Code - FIN - FIN § 22320
With respect to a loan under this division, a fee not to exceed fifteen dollars ($15) for the return by a depository institution of a dishonored check, negotiable order of withdrawal, or share draft may be charged and collected by the licensee. The fee is not included in charges
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Financial Code - FIN - FIN § 22320.5
Financial Code - FIN - FIN § 22320.5
(a) A licensee may contract for and receive a delinquency fee not in excess of one of the following amounts: (1) For a period in default of not less than 10 days, an amount not in excess of ten dollars ($10). (2) For a period in default of not less than 15 days, an amount not in
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Financial Code - FIN - FIN § 22321
Financial Code - FIN - FIN § 22321
If credit loss-of-income insurance is provided pursuant to this division, it shall be subject to the following conditions: (a) The insurance shall provide indemnity in accordance with the terms of the policy after any single period of continuous unemployment of 45 days or less as
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Financial Code - FIN - FIN § 22322
Financial Code - FIN - FIN § 22322
A loan lawfully made outside the state may be enforced in this state as to the unpaid principal balance of the loan together with the interest, consideration, brokerage, and all other charges, to the extent of but not to exceed the unpaid principal balance and the aggregate amoun
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Financial Code - FIN - FIN § 22323
Financial Code - FIN - FIN § 22323
Any person who collects or attempts to collect in this state the unpaid principal balance of a loan made outside the state and a greater aggregate amount of interest, consideration, brokerage, and all other charges in connection with the loan than is permitted by this division in
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Financial Code - FIN - FIN § 22324
Financial Code - FIN - FIN § 22324
Any person who contracts for or negotiates in this state a loan to be made outside the state for the purpose of evading or avoiding the provisions of this division is subject to the provisions of this division.
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Financial Code - FIN - FIN § 22325
Financial Code - FIN - FIN § 22325
Every licensee shall display prominently in each licensed place of business a full and accurate schedule of the charges to be made and the method of computing the charges. The schedule is subject to the approval of the commissioner.
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Financial Code - FIN - FIN § 22326
Financial Code - FIN - FIN § 22326
No person, except as authorized by this division, shall directly or indirectly charge, contract for, or receive any interest, discount, or consideration greater than the lender would be permitted by law to charge if he or she were not a licensee hereunder, upon the loan, use, or
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Financial Code - FIN - FIN § 22327
Financial Code - FIN - FIN § 22327
No licensee shall knowingly induce any borrower to split up or divide any loan with any other licensee. No licensee shall induce or permit any borrower to be or to become obligated directly or indirectly, or both, under more than one contract of loan at the same time with the sam
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Financial Code - FIN - FIN § 22328
Financial Code - FIN - FIN § 22328
(a) This section applies to a loan secured in whole or in part by a lien on a motor vehicle as defined by subdivision (k) of Section 2981 of the Civil Code. (b) Any provision in any loan contract to the contrary notwithstanding, at least 15 days’ written notice of intent to dispo
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Financial Code - FIN - FIN § 22329
Financial Code - FIN - FIN § 22329
(a) This section applies to a loan secured in whole or in part by a lien on a motor vehicle as defined by subdivision (k) of Section 2981 of the Civil Code. (b) (1) In the absence of default in the performance of any of the borrower’s obligations under the loan, the licensee may
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Financial Code - FIN - FIN § 22329.5
Financial Code - FIN - FIN § 22329.5
A licensee, or the agent of a licensee, that has received a notice pursuant to Section 7507.6 of the Business and Professions Code, shall not make a subsequent assignment to skip trace, locate, or repossess the vehicle without simultaneously, and in the same manner by which the a