Code of Virginia - Title 6.1 Banking And Finance - Section 6.1-330.81 Certain contracts to permit prepayment; amount of prepayment penalty

§ 6.1-330.81. Certain contracts to permit prepayment; amount of prepayment penalty

A. Every loan contract, except as provided in subsection C of this section, secured by a first deed of trust or first mortgage on real estate, where the principal amount of the loan is less than $75,000, shall permit the prepayment of the unpaid principal at any time and no penalty in excess of one percent of the unpaid principal balance shall be allowed.

B. Any prepayment penalty provision in violation of this section shall be unenforceable as to the amount in excess of one percent of such balance.

C. The provisions of this section shall not apply to secured or unsecured notes evidencing installment sales contracts. The provisions of this section relating to prepayment penalty shall not apply to loan contracts subject to § 6.1-330.83 or § 6.1-330.84 or to loan contracts governmentally regulated as to prepayment privilege.

(1987, c. 622.)

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Last modified: April 16, 2009