Sec. 205. Loan Finance Charge on Refinancing — With respect to a consumer loan, refinancing, or consolidation, the lender may by agreement with the debtor refinance the unpaid balance and may contract for and receive a loan finance charge based on the principal resulting from the refinancing at a rate not exceeding that permitted by the provisions on a loan finance charge for consumer loans (IC 24-4.5-3-201) or the provisions on a loan finance charge for supervised loans (IC 24-4.5-3-508), whichever is appropriate. For the purpose of determining the loan finance charge permitted, the principal resulting from the refinancing comprises the following:
(a) If:
(i) the transaction was not precomputed, the total of the unpaid balance and the accrued charges on the date of the refinancing; or
(ii) the transaction was precomputed, in the case of a transaction entered into before July 1, 2020, the amount which the debtor would have been required to pay upon prepayment pursuant to the provisions on rebate upon prepayment (IC 24-4.5-3-210) on the date of refinancing.
(b) Appropriate additional charges (IC 24-4.5-3-202), payment of which is deferred.
Formerly: Acts 1971, P.L.366, SEC.4. As amended by P.L.14-1992, SEC.28; P.L.85-2020, SEC.12.
Structure Indiana Code
Article 4.5. Uniform Consumer Credit Code
24-4.5-3-0.1. Application of Certain Amendments to Chapter
24-4.5-3-105. "Consumer Loan"; First Lien Mortgage Transaction Not Included
24-4.5-3-107. Definitions; "Lender"; "Precomputed"; "Principal"
24-4.5-3-108. "Revolving Loan Account"
24-4.5-3-109. "Loan Finance Charge"
24-4.5-3-204. Deferral Charges
24-4.5-3-205. Loan Finance Charge on Refinancing
24-4.5-3-206. Loan Finance Charge on Consolidation
24-4.5-3-207. Conversion to Revolving Loan Account
24-4.5-3-208. Advances to Perform Covenants of Debtor
24-4.5-3-210. Rebate Upon Prepayment
24-4.5-3-301. Disclosures Required by Consumer Credit Protection Act; Exempt Transactions
24-4.5-3-402. Balloon Payments; Compliance With Alternative Mortgage Transaction Parity Act
24-4.5-3-403. No Assignment of Earnings
24-4.5-3-405. Limitation on Default Charges
24-4.5-3-406. Notice of Assignment
24-4.5-3-407. Authorization to Confess Judgment Prohibited
24-4.5-3-501. Definitions; "Supervised Loan"; "Supervised Lender"
24-4.5-3-505.5. Automated Loan Machines
24-4.5-3-509. Use of Multiple Agreements
24-4.5-3-510. Restrictions on Interest in Land as Security
24-4.5-3-511. Regular Schedule of Payments; Maximum Loan Term
24-4.5-3-512. Carrying on Other Business
24-4.5-3-513. Application of Other Provisions
24-4.5-3-601. Loans Subject to Article by Agreement of Parties
24-4.5-3-603. Applicability of Other Provisions to Consumer Related Loans
24-4.5-3-604. Limitation on Default Charges in Consumer Related Loans
24-4.5-3-605. Loan Finance Charge for Other Loans
24-4.5-3-606. Required Disclosures; Liability on Fraudulently Cashed Instruments
24-4.5-3-701. Requirement to Provide Property Tax Information in Certain Transactions