California Financial Code ARTICLE 3 - Loan Regulations

  • Section 22300.
    No licensee shall directly or indirectly charge, contract for, or receive any interest or charge of any nature unless a loan is made.(Added by Stats....
  • Section 22301.
    (a) No licensee shall directly or indirectly charge, contract for, or receive any interest or charge of any nature with respect to a loan of five...
  • Section 22302.
    (a) Section 1670.5 of the Civil Code applies to the provisions of a loan contract that is subject to this division.(b) A loan found to be unconscionable...
  • Section 22303.
    Every licensee who lends any sum of money may contract for and receive charges at a rate not exceeding the sum of the following:(a) Two and...
  • Section 22304.
    As an alternative to the charges authorized by Section 22303, a licensee may contract for and receive charges at the greater of the following:(a) A rate...
  • Section 22305.
    In addition to the charges authorized by Section 22303 or 22304, a licensee may contract for and receive an administrative fee, which shall be fully...
  • Section 22306.
    No amount in excess of that allowed by this article shall be directly or indirectly charged, contracted for, or received by any person, and the...
  • Section 22307.
    (a) Except as provided in Section 22305 and Article 4 (commencing with Section 22400), all charges on loans made under this division shall be computed and...
  • Section 22308.
    Notwithstanding Section 22307, a licensee may contract for and receive charges on the unpaid principal balance at a single annual percentage rate, applied on the...
  • Section 22309.
    Except as provided in Section 22305 and Article 4 (commencing with Section 22400), no charges on loans made pursuant to this division shall be paid,...
  • Section 22310.
    (a) Except for a rebate or refund pursuant to any administrative, civil, or criminal action, or any act of the commissioner, a rebate or refund required...
  • Section 22311.
    No person in connection with or incidental to the making of any loan regulated by this division may require the borrower to contract for purchase,...
  • Section 22312.
    No person in connection with or incidental to the making of a loan shall require the borrower to enter into any collateral sales agreements or...
  • Section 22313.
    Insurance on tangible personal or real property offered as security shall not be deemed to be a collateral sale, purchase, or agreement within the terms...
  • Section 22314.
    (a) Credit insurance shall not be deemed to be a collateral sale, purchase, or agreement within the terms of Section 22201, 22311, or 22312 when the...
  • Section 22315.
    (a) Credit disability insurance written pursuant to Section 22314 shall not provide indemnity against the risk that the borrower will become disabled for a period of...
  • Section 22316.
    A licensee may collect the cost of a lot book report purchased in lieu of the title insurance provided for in Section 22313. The cost...
  • Section 22317.
    On any loan made that is secured by real property, an appraisal fee not to exceed the actual cost of the appraisal may be charged...
  • Section 22317.2.
    (a) A licensee may collect a fee for use of an automated valuation model result prepared by a third party not to exceed the actual cost...
  • Section 22317.5.
    On any loan secured by real property, a licensee may not do either of the following:(a) Fail to disburse funds in accordance with a commitment to...
  • Section 22318.
    On any loan made that is secured by real property, an escrow fee of a reasonable amount may be charged. The fee shall be considered...
  • Section 22319.
    On any loan that is secured by real property, the fee to be paid to the trustee for reconveyance of the trust deed may be...
  • Section 22320.
    With respect to a loan under this division, a fee not to exceed fifteen dollars ($15) for the return by a depository institution of a...
  • Section 22320.5.
    (a) A licensee may contract for and receive a delinquency fee not in excess of one of the following amounts:(1) For a period in default of not...
  • Section 22321.
    If credit loss-of-income insurance is provided pursuant to this division, it shall be subject to the following conditions:(a) The insurance shall provide indemnity in accordance with...
  • Section 22322.
    A loan lawfully made outside the state may be enforced in this state as to the unpaid principal balance of the loan together with the...
  • Section 22323.
    Any person who collects or attempts to collect in this state the unpaid principal balance of a loan made outside the state and a greater...
  • Section 22324.
    Any person who contracts for or negotiates in this state a loan to be made outside the state for the purpose of evading or avoiding...
  • Section 22325.
    Every licensee shall display prominently in each licensed place of business a full and accurate schedule of the charges to be made and the method...
  • Section 22326.
    No person, except as authorized by this division, shall directly or indirectly charge, contract for, or receive any interest, discount, or consideration greater than the...
  • Section 22327.
    No licensee shall knowingly induce any borrower to split up or divide any loan with any other licensee. No licensee shall induce or permit any...
  • Section 22328.
    (a) This section applies to a loan secured in whole or in part by a lien on a motor vehicle as defined by subdivision (k) of...
  • Section 22329.
    (a) This section applies to a loan secured in whole or in part by a lien on a motor vehicle as defined by subdivision (k) of...
  • Section 22329.5.
    A licensee, or the agent of a licensee, that has received a notice pursuant to Section 7507.6 of the Business and Professions Code, shall not...
  • Section 22330.
    No licensee shall take a deed of trust, mortgage, or lien upon real property as security for any loan made under this division, except any...
  • Section 22331.
    No licensee shall take any confession of judgment or any power of attorney, except a power of attorney taken to effectuate the transfer of the...
  • Section 22332.
    No licensee shall take any note or promise to pay that does not accurately disclose the actual amount of the loan, the time for which...
  • Section 22333.
    No licensee shall take any instrument in which blanks are left to be filled in after execution.(Added by Stats. 1994, Ch. 1115, Sec. 2. Effective...
  • Section 22334.
    No licensee shall enter into any contract for a loan that provides for a scheduled repayment of principal over more than the maximum terms set...
  • Section 22335.
    The payment by any person in money, credit, goods, or things in action as consideration for any sale or assignment of, or order for, the...
  • Section 22336.
    This article does not prohibit any licensee from contracting for, collecting, or receiving the following:(a) The statutory fee paid by the licensee to any public officer...
  • Section 22337.
    Each licensed finance lender shall:(a) Deliver or cause to be delivered to the borrower, or any one thereof, at the time the loan is made, a...
  • Section 22338.
    Each licensed broker shall:(a) Deliver to the borrower, or any one thereof, at the time the final negotiation or arrangement is made, a statement showing in...
  • Section 22339.
    Nothing contained in this article shall be construed to deny to any licensee hereunder the right of taking and using a security agreement that, in...
  • Section 22340.
    (a) A licensee may sell promissory notes evidencing the obligation to repay loans made by the licensee pursuant to this division or evidencing the obligation to...
  • Section 22340.1.
    (a) A licensee that is a finance lender may sell to (1) an institutional lender, or (2) an institutional investor described in paragraph (6) of subdivision...
  • Section 22341.
    (a) No licensee may make a loan to refinance a retail installment contract subject to Chapter 1 (commencing with Section 1801) of Title 2 of Part...
  • Section 22342.
    (a) As used in this section, “instant loan check” or “live check” means any loan or extension of credit that is made available in the form...
  • Section 22345.
    (a) Any person who violates any provision of Section 987 of Title 10 of the United States Code, as amended by 126 Stat. 1785 (Public Law...
  • Section 22346.
    Any licensee that violates any provision of any of the following federal acts or regulations violates this division:(a) The federal Real Estate Settlement Procedures Act, as...
  • Section 22347.
    The unique identifier of any licensed mortgage loan originator shall be clearly shown on all residential mortgage loan application forms, solicitations, or advertisements, including business...

Last modified: October 22, 2018