Ind. Code § 24-4.5-3-205

Current through P.L. 171-2024

Section 24-4.5-3-205 - Loan finance charge on refinancing

With respect to a consumer loan, refinancing, or consolidation, the lender may by agreement with the debtor refinance the unpaid balance and may contract for and receive a loan finance charge based on the principal resulting from the refinancing at a rate not exceeding that permitted by the provisions on a loan finance charge for consumer loans (IC 24-4.5-3-201) or the provisions on a loan finance charge for supervised loans (IC 24-4.5-3-508), whichever is appropriate. For the purpose of determining the loan finance charge permitted, the principal resulting from the refinancing comprises the following:

(a) If:

(i) the transaction was not precomputed, the total of the unpaid balance and the accrued charges on the date of the refinancing; or

(ii) the transaction was precomputed, in the case of a transaction entered into before July 1, 2020, the amount which the debtor would have been required to pay upon prepayment pursuant to the provisions on rebate upon prepayment (IC 24-4.5-3-210) on the date of refinancing.

(b) Appropriate additional charges (IC 24-4.5-3-202), payment of which is deferred.

IC 24-4.5-3-205

Amended by P.L. 85-2020,SEC. 12, eff. 7/1/2020.

(Formerly: Acts1971 , P.L. 366, SEC.4.) As amended by P.L. 14-1992, SEC.28.