A. A lender engaged in making real estate mortgage or deed of trust loans, other than loans subject to the provisions of §§ 6.2-327 and 6.2-328, may:
1. Charge or collect in advance from the borrower a loan fee as agreed between the parties; and
2. Require the borrower to pay the reasonable and necessary charges in connection with making the loan, including the cost of title examination, title insurance, recording and filing fees, taxes, insurance, including mortgage guaranty insurance, appraisals, credit reports, surveys, drawing of papers, and closing the loan.
B. The fees and charges permitted by this section and other sections of this chapter are in addition to those permitted by § 6.2-325 and may be added to the principal of the loan, and shall not be considered in determining whether a loan contract is usurious.
1987, c. 622, § 6.1-330.70; 1990, c. 3; 2010, c. 794.
Structure Code of Virginia
Title 6.2 - Financial Institutions and Services
Chapter 3 - Interest and Usury
§ 6.2-301. Legal rate of interest; when legal rate implied
§ 6.2-302. Judgment rate of interest
§ 6.2-303. Contracts for more than legal rate of interest
§ 6.2-304. Plea of usury; judgment
§ 6.2-306. Waiver of rights violative of public policy
§ 6.2-307. Assertion of defenses or claims by borrowers; effect of assignment
§ 6.2-308. Entities not permitted to plead usury
§ 6.2-309. Charges by banks and savings institutions on installment loans
§ 6.2-310. Rate of interest chargeable by state banks and savings institutions
§ 6.2-311. Closed-end installment loans by sellers of goods or services
§ 6.2-312. Open-end credit plans
§ 6.2-313. Open-end credit extended by banks or savings institutions
§ 6.2-316. Loans of $5,000 or more made by certain financial institutions
§ 6.2-317. Loans of $5,000 or more for business or investment purposes
§ 6.2-318. Loans by credit unions
§ 6.2-319. Loans by pension plans to participants
§ 6.2-320. Loans by industrial loan associations
§ 6.2-321. Loans pursuant to stock option financing programs
§ 6.2-322. Extensions of credit on pledged securities
§ 6.2-323. Educational loans by banks or savings institutions
§ 6.2-324. Educational loans by private institution of higher education
§ 6.2-325. Certain loans secured by first deed of trust or mortgage
§ 6.2-326. Fees and charges in connection with loans by real estate lenders
§ 6.2-327. Certain loans secured by a subordinate deed of trust or mortgage
§ 6.2-328. Charges allowed on loan secured by subordinate mortgage
§ 6.2-329. Loans insured or guaranteed by certain governmental agencies