Section § 18634

Explanation
This law applies specifically to companies that provide financing for insurance premiums, known as premium finance agencies.
This article is applicable only to premium finance agencies.

Section § 18635

Explanation

If a borrower pays back a loan early, or under certain other conditions, and the interest or fees they've paid in advance exceed the legal limit, the lender must refund or credit the excess to the borrower. Essentially, the borrower is entitled to a rebate for the extra interest or charges they've paid. The amount refunded is based on the difference between the total charges calculated at the start and what the borrower should have paid given the time the loan was actually used. If the borrower offers to pay off the remaining balance minus the rebate, the lender has to accept this as full repayment.

Whenever the interest or charges, or interest and charges deducted in advance exceed the maximum provided by this division, by reason of subsequent repayment of the loan, a new loan, refinancing, or otherwise, or any portion thereof prior to maturity, such excess shall be rebated to the borrower or credited on any balance owing by the borrower to the company. The rebate shall be the difference between the total of the precomputed charge, any charge for extending the first due date, plus any default or deferment charges and the charges at the contract rate computed on unpaid principal balances for the number of days actually elapsed by applying each payment first to charges and the remainder to principal. The tender, by the borrower or at his request, of an amount equal to the unpaid balance less the required rebate must be accepted by the company in full payment of the loan contract.

Section § 18636

Explanation

This law gives a loan company an alternative method for calculating and applying loan payments. Instead of the usual rule in Section 18635, the law allows for charges to be precomputed if the loan is repaid in roughly equal monthly installments starting 15 to 45 days after the loan is issued. The total charges can be calculated at the start and added to the loan principal. Each payment goes towards both the principal and these precomputed charges until the loan is fully paid. The charges for each period align with the balance due in that month relative to the entire schedule.

(a)CA Financial Code § 18636(a) As an alternative to the provisions of Section 18635, if a loan is repayable in substantially equal and consecutive monthly installments of principal and charges combined, the first of which is due not less than 15 days nor more than one month and 15 days from the date the loan is made, a company may precompute charges and apply payments as provided in this article.
(b)CA Financial Code § 18636(b) The total charges which would be earned if the loan contract were repaid exactly according to its terms, at the monthly rate stated in the loan contract, may be precomputed when the loan is made and added to the principal of the loan. Every payment may be applied to the combined total of principal and precomputed charges until the loan contract is fully paid.
(c)CA Financial Code § 18636(c) The portion of the precomputed charge applicable to any particular monthly installment period shall bear the same ratio to the total precomputed charge, excluding any adjustment made for a first period of more or less than one month, as the balance scheduled to be outstanding during that monthly period bears to the sum of all monthly balances scheduled originally by the loan contract.

Section § 18637

Explanation

If you pay off a loan early, you get some money back from the loan's precomputed charges for future payments you won’t need to make. This rebate starts from after your most recent payment date. If you pay everything off by the third scheduled payment, you’ll get back the difference between all future charges and the interest already applied to your remaining balance. If you pay after that, but before the 15th day after any payment due date, it counts as if you paid right on the due date. You can pay off the whole loan early by giving the lender a check for what's left after your rebate.

If a loan contract made under Section 18636 is prepaid in full by cash, a new loan, refinancing or otherwise before the final installment date, the borrower shall receive a rebate of the portion of the precomputed charge applicable to the full installment periods following the installment date nearest the date of such prepayment; provided, however, that if prepayment in full occurs on or before the third installment date the rebate shall be the difference between the total precomputed charge and the charges at the contract rate computed on unpaid principal balances by applying each payment first to charges and the remainder to principal. After the third installment date, any prepayment made on or before the 15th day following an installment date shall be deemed to have been made on the installment date preceding such prepayment. The tender, by the borrower or at his request, of an amount equal to the unpaid balance less the required rebate must be accepted by the company in full payment of the loan contract.

Section § 18638

Explanation

When a borrower pays off three or more installments, but not the entire loan, ahead of schedule on a specific type of loan, they get a special rebate. This rebate is calculated based on the precomputed interest for the last installment period times the number of full installments paid early. The special rebate is given in addition to any other prepayment rebates when the loan ends.

A special rebate of precomputed charges shall be made if three or more, but not all, installments are prepaid in full at any one time either in one transaction or over a period of time on a loan made under Section 18636. The special rebate shall be equal to the portion of precomputed charge applicable to the last installment period multiplied by the total number of full installment periods such installments and any subsequent installments are prepaid. Such special rebate shall be computed and made at the termination of the loan contract and shall be an addition to any required rebate for prepayment in full.

Section § 18640

Explanation

This law section explains when a lender can charge a deferment fee on a loan if payments are postponed by one or more months. The deferment fee can't be more than the part of the precomputed interest linked to the first postponed payment, multiplied by the number of months the loan's due date is pushed back. The months pushed back can't exceed the number of missed payments or those due within 15 days of deferment. When a deferment fee is charged, no interest is applied to months with no payment due because of postponement. If any amount is paid at deferment, it can go towards the deferment fee first, and the remainder towards the loan balance. If the payment covers overdue payments and related fees, it won't be deferred or charged additional deferment fees.

A deferment charge may be charged and collected on a loan made under Section 18636 if the payment date of all wholly unpaid installments on which no default charge has been collected is deferred one or more full months and the loan contract so provides. Such deferment charge shall not exceed the portion of precomputed charge applicable, prior to deferment, to the first deferred monthly installment period multiplied by the number of months the maturity of the contract is deferred. Such number of months shall not exceed the number of full installments which are in default on the date of deferment or which may become due within 15 days of such date. When a deferment charge is made, no portion of the precomputed charge shall apply to the installment periods in which no installment payment is required by reason of the deferment. In computing any default charge or required rebate, the portion of the precomputed charge applicable to each deferred balance and installment period following the deferment period and prior to the deferred maturity shall remain the same as that applicable to such balances and periods under the original contract of loan. Such charge may be collected at the time of deferment or at any time thereafter. Any payment received at the time of deferment may be applied first to the deferment charge and the remainder, if any, applied to the unpaid balance of the loan contract; provided, however, if such payment is sufficient to pay, in addition to the appropriate deferment charge, any installment which is in default and the applicable default charge, it shall be first so applied and any such installment shall not be deferred nor subject to the deferment charge.

Section § 18642

Explanation

If a loan agreement ends earlier than expected under Section 18636, the company must refund or credit the borrower just as if the loan were fully paid off at that time. After this, any remaining loan amount will be considered the main outstanding balance and will accrue charges at the rate agreed upon in the loan contract.

If the maturity of a loan made under Section 18636 is accelerated for any reason, the company shall make the same refund or credit as would be required if the loan contract was paid in full on the date of acceleration and the unpaid balance shall be treated as the unpaid principal balance and thereafter the unpaid balance of the loan contract shall bear charges at the agreed rate of charge if the loan contract so provides.

Section § 18643

Explanation

This law clarifies that for precomputed loans, the rules that premium finance agencies must follow are only found in this specific set of laws. It means that other laws don't apply to these types of loans for these agencies.

Notwithstanding any other provision of law not within this article, with respect to precomputed loans, premium finance agencies derive authority only from this article.