A. The Rule of 78 is so named because the integers one through 12 added together total 78.
B. The amount of the rebate of unearned interest to be credited upon the acceleration or anticipation of a loan on which such rebate is required to be calculated under the Rule of 78 shall be calculated as follows:
1. Determine the denominator of the fraction, to be used as provided in subdivision 3, by adding the integers corresponding to the number of months over which the loan is to be repaid according to its terms, which in the example of a four-year loan would be the sum obtained by adding all of the integers in the series one through 48.
2. Determine the numerator of the fraction, to be used as provided in subdivision 3, by adding in inverse sequence the integers corresponding to the number of months remaining on the loan after payment is anticipated, which in the example of a four-year loan anticipated after the third month, would be the sum obtained by adding all of the integers in the series 45 through one.
3. Multiply the original amount of interest that would have been paid over the life of the loan by a fraction that has as its denominator the number determined as in subdivision 1 and as its numerator the number determined as in subdivision 2. The product is the amount of unearned interest to be rebated under the Rule of 78.
C. Payment anticipated between scheduled payment dates shall not be considered but instead the succeeding scheduled payment date shall be used in determining the amount of unearned interest to be rebated under the Rule of 78 pursuant to this section.
1987, c. 622, § 6.1-330.86; 2010, c. 794.
Structure Code of Virginia
Title 6.2 - Financial Institutions and Services
Chapter 4 - Certain Lending Practices
§ 6.2-400. Amount of late charge; when charge can be made
§ 6.2-401. Acceleration clause in note evidencing installment loan; effect of acceleration
§ 6.2-402. Notice of use of Rule of 78 rebate method
§ 6.2-404. When use of Rule of 78 prohibited or permitted
§ 6.2-405. References to sections regulating rebates of unearned interest and prepayment penalties
§ 6.2-406. Disclosure of terms of mortgage application
§ 6.2-407. Lenders to furnish borrower with copy of appraisal
§ 6.2-408. Priority of interest on debts secured by mortgage or deed of trust
§ 6.2-409. Addition of unpaid interest to principal balance
§ 6.2-410. Borrowers not to be required to employ particular professionals
§ 6.2-411. Requirements relating to insurance
§ 6.2-412. Insurance coverage under certain loans not to exceed replacement value of improvements
§ 6.2-413. Obligation of lender to reimburse unused mortgage guaranty insurance premiums
§ 6.2-414. Obligation of person maintaining escrow account to pay taxes and insurance; penalties
§ 6.2-415. Lender not to cancel insurance policy at time of refinancing under certain circumstances
§ 6.2-416. Certain mortgages not to prohibit further encumbrance of real property
§ 6.2-418. Property owner entitled to written statement of payoff amount
§ 6.2-419. Disclosure of terms of assumption
§ 6.2-420. Prepayment penalty not to be collected in certain circumstances
§ 6.2-421. Certain contracts to permit prepayment; amount of prepayment penalty
§ 6.2-422. Prepayment penalty for loan secured by home occupied by borrower
§ 6.2-425. Cardholder not liable in absence of request for, consent to issuance of, or use of card
§ 6.2-426. When request, consent, or use not condition precedent to liability
§ 6.2-427. Costs and attorney fee in suit on card; evidence of request or consent
§ 6.2-428. Production of credit card number as condition of check cashing or acceptance prohibited
§ 6.2-429. Improper use of payment device numbers
§ 6.2-430. Place where transaction occurred; federal Fair Credit Billing Act
§ 6.2-431. Certain cards excepted
§ 6.2-432. Credit card account disclosures
§ 6.2-433. Amendment to open-end credit contract or plan by bank or savings institution
§ 6.2-434. Law governing open-end credit contract or plan by bank or savings institution
§ 6.2-435. Law governing open-end credit contract or plan by seller or lender