Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 40.609 - Charges: Limited to Amounts Disbursed(a) Except as otherwise provided in Subdivisions (b), (c) and (d) of this section, an industrial loan company may collect and receive charges only on that portion of the unpaid principal balance actually disbursed to the borrower or on the borrower's behalf, and only from the date of such disbursement.(b) Charges on the account of any statutory fees to be paid to a public officer may be collected and received from the date of the loan, provided such fees are actually paid within a reasonable time after the loan is made.(c) Charges on the amount of premium for insurance written in connection with a loan may be collected and received only from the effective date of the insurance. However, in the case of an extension of such insurance at the time of the refinance of a loan, extending coverage to the new maturity of such refinance, charges upon the premium may be collected and received from the date of such refinance.(d) Charges on a loan secured by real property may be collected and received only from the date of closing of the escrow, when the loan proceeds are disbursed by the escrow holder.Cal. Code Regs. Tit. 10, § 40.609
1. Change without regulatory effect renumbering and amending former section 1166 to new section 40.609 and adding new NOTE filed 8-19-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 34). Note: Authority cited: Section 18347, Financial Code. Reference: Sections 18190 and 18211- 18212.2, Financial Code.
1. Change without regulatory effect renumbering and amending former section 1166 to new section 40.609 and adding new Note filed 8-19-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 34).