Obligations Arising From Particular TransactionsPrecomputed Interest
Section § 1799.5
This law explains the rules for a type of interest called "precomputed interest," which is calculated based on the original loan balance rather than the remaining balance as payments are made. It prohibits loans for personal or household purposes from charging this type of interest if the loan period is longer than 62 months. Lenders can rely on a borrower's written statement to determine if this rule applies. The law does not cover forbearances from sales or leases or open-end credit plans, and it only applies to loans made after January 1, 1983.
(a)CA Civil Law Code § 1799.5(a) “Precomputed interest” means interest, as that term is contemplated by the Truth in Lending Act, 15 United States Code 1605(a)(1), which is (1) computed by multiplying the original balance of the loan by a rate and multiplying that product by the number of payment periods elapsing between the date of the loan and the date of the last scheduled payment and (2) either added to the original principal balance of the loan in advance or subtracted from the loan proceeds.
(b)CA Civil Law Code § 1799.5(b) No loan which is made to
a natural person primarily for personal, family, or household purposes shall provide for the payment of precomputed interest if the date on which the final installment is due, according to the original terms of the loan, is more than 62 months after the date of the loan.
(c)CA Civil Law Code § 1799.5(c) For purposes of determining whether a loan is covered by this title, the lender may conclusively rely on any written statement of intended purpose signed by the borrower. Such written statement may be a separate statement signed by the borrower or may be contained in a loan application or other document signed by the borrower.
(d)CA Civil Law Code § 1799.5(d) For purposes of this title, the term “loan” does not include the forbearance of a debt arising from a sale or lease of property and does not include any loan arising under an open end credit plan.
(e)CA Civil Law Code § 1799.5(e) This title shall
apply only to loans made on or after January 1, 1983.
precomputed interest Truth in Lending Act loan balance