537.2504 Finance charge on refinancing.
With respect to a consumer credit transaction in which the rate of finance charge required to be disclosed in the transaction pursuant to section 537.3201 does not exceed eighteen percent per year, other than a consumer lease or a consumer rental purchase agreement, the creditor may, by agreement with the consumer, refinance the unpaid balance and may contract for and receive a finance charge based on the amount financed resulting from the refinancing at a rate not exceeding that permitted by the provisions on finance charge for consumer credit sales other than open-end credit in section 537.2201 if a consumer credit sale is refinanced, the provisions on finance charge for a consumer loan other than a supervised loan in section 537.2401, subsection 1, or the provisions on finance charge for a supervised loan not pursuant to open-end credit in section 537.2401, subsection 2, as applicable, if a consumer loan is refinanced. With respect to a consumer credit transaction in which the rate of finance charge required to be disclosed in the transaction to the consumer pursuant to section 537.3201 exceeds eighteen percent per year, other than a consumer lease or a consumer rental purchase agreement, the creditor may by agreement with the consumer, refinance the unpaid balance and may contract for and receive a finance charge based on the amount financed resulting from the refinancing at a rate of finance charge not to exceed that which was required to be disclosed in the original transaction to the consumer pursuant to section 537.3201. For the purpose of determining the finance charge permitted, the amount financed resulting from the refinancing consists of:
1. If the transaction was not precomputed, the total of the unpaid balance of the amount financed and the accrued charges, including finance charges, on the date of the refinancing, or, if the transaction was precomputed, the amount determined by deducting the unearned portion of the finance charge and any other unearned charges, including charges for insurance or deferral charges, from the unpaid balance on the date of refinancing. For the purposes of this section, the unearned portion of the finance charge and deferral charge, if any, shall be determined as provided in section 537.2510, subsection 2, but without allowing any minimum charge.
2. Appropriate additional charges as permitted under section 537.2501, payment of which is deferred.
[C75, 77, 79, 81, §537.2504]
87 Acts, ch 80, §35; 2018 Acts, ch 1041, §127
Referred to in §537.2505, 537.2508, 537.3308
Structure Iowa Code
Chapter 537 - CONSUMER CREDIT CODE
Section 537.1101 - Short title.
Section 537.1102 - Purposes — rules of construction.
Section 537.1103 - Law applicable.
Section 537.1104 - Construction.
Section 537.1107 - Waiver — agreement — settlement.
Section 537.1108 - Effect on organizations.
Section 537.1110 - Obligation of good faith.
Section 537.1201 - Territorial application.
Section 537.1202 - Exclusions.
Section 537.1203 - Jurisdiction — service of process.
Section 537.1301 - General definitions.
Section 537.1302 - Definition — Truth in Lending Act.
Section 537.1303 - Other defined terms.
Section 537.2101 - Short title.
Section 537.2201 - Finance charge for consumer credit sales not pursuant to open-end credit.
Section 537.2202 - Finance charge for consumer credit sales pursuant to open-end credit.
Section 537.2301 - Authority to make supervised loans.
Section 537.2303 - Revocation or suspension of license.
Section 537.2304 - Records — annual reports.
Section 537.2305 - Examinations and investigations.
Section 537.2307 - Restrictions on interest in land as security.
Section 537.2308 - Regular schedule of payments — maximum loan term.
Section 537.2309 - No other business for purpose of evasion.
Section 537.2310 - Conduct of business other than making loans.
Section 537.2401 - Finance charge for consumer loans not pursuant to open-end credit.
Section 537.2402 - Finance charge for consumer loans pursuant to open-end credit.
Section 537.2403 - Finance charge for consumer loans secured by a motor vehicle.
Section 537.2501 - Additional charges.
Section 537.2502 - Delinquency charges.
Section 537.2503 - Deferral charges.
Section 537.2504 - Finance charge on refinancing.
Section 537.2505 - Finance charge on consolidation.
Section 537.2506 - Advances to perform covenants of consumer.
Section 537.2507 - Attorney fees.
Section 537.2508 - Conversion to open-end credit.
Section 537.2509 - Right to prepay.
Section 537.2510 - Rebate upon prepayment.
Section 537.2601 - Charges for other credit transactions.
Section 537.3101 - Short title.
Section 537.3201 - Compliance with Truth in Lending Act.
Section 537.3202 - Consumer leases.
Section 537.3203 - Notice to consumer.
Section 537.3204 - Notice of assignment.
Section 537.3205 - Change in terms of open-end credit accounts.
Section 537.3206 - Receipt — statements of account — evidence of payment — credits.
Section 537.3207 - Form of insurance premium loan agreement.
Section 537.3208 - Notice to cosigners and similar parties.
Section 537.3209 - Advertising.
Section 537.3210 - Prohibited statements relating to rates.
Section 537.3211 - Notice of consumer paper.
Section 537.3212 - Notice of methods of financing and rates.
Section 537.3301 - Security in consumer credit transactions.
Section 537.3302 - Cross-collateral.
Section 537.3303 - Debt secured by cross-collateral.
Section 537.3304 - Use of multiple agreements.
Section 537.3305 - No assignment of earnings.
Section 537.3306 - Authorization to confess judgment prohibited.
Section 537.3307 - Certain negotiable instruments prohibited.
Section 537.3308 - Balloon payments.
Section 537.3309 - Referral sales and leases.
Section 537.3310 - Limitations on executory transactions.
Section 537.3311 - Discrimination prohibited.
Section 537.3401 - Restriction on liability in consumer lease.
Section 537.3402 - Limitation on default charges.
Section 537.3403 - Card issuer subject to claims and defenses.
Section 537.3404 - Assignee subject to claims and defenses.
Section 537.3405 - Lender subject to defenses arising from sales and leases.
Section 537.3501 - Door-to-door sales.
Section 537.3601 - Short title.
Section 537.3602 - Purposes — rules of construction.
Section 537.3603 - Exclusions.
Section 537.3604 - General definitions.
Section 537.3605 - Disclosures.
Section 537.3606 - Form requirements.
Section 537.3608 - Acquiring ownership.
Section 537.3609 - Renegotiation.
Section 537.3610 - Balloon payments prohibited.
Section 537.3611 - Prohibited charges.
Section 537.3612 - Additional charges.
Section 537.3613 - Reinstatement fees.
Section 537.3614 - Taxes and official fees.
Section 537.3615 - Advertising.
Section 537.3616 - Lessee’s reinstatement rights.
Section 537.3617 - Unconscionability.
Section 537.3619 - Cure of default.
Section 537.3620 - Willful and intentional violations.
Section 537.3622 - Effect of correction.
Section 537.3623 - Statute of limitations.
Section 537.3624 - Enforcement.
Section 537.4101 - Scope — excess charges.
Section 537.5101 - Short title.
Section 537.5103 - Creditor’s obligations on repossession — restriction on deficiency judgments.
Section 537.5104 - No garnishment before judgment.
Section 537.5105 - Limitation on garnishment.
Section 537.5106 - Garnishment.
Section 537.5107 - Extortionate or unlawful extensions of credit.
Section 537.5110 - Cure of default.
Section 537.5111 - Notice of right to cure.
Section 537.5114 - Complaint — proof.
Section 537.5201 - Effect of violations on rights of parties.
Section 537.5202 - Damages or penalties as setoff to obligation.
Section 537.5203 - Civil liability for violation of disclosure provisions.
Section 537.5301 - Willful violations.
Section 537.5302 - Disclosure violations.
Section 537.6101 - Short title.
Section 537.6102 - Applicability.
Section 537.6103 - Administrator.
Section 537.6104 - Powers of administrator — reliance on rules — duty to report.
Section 537.6106 - Investigatory powers.
Section 537.6108 - Administrative enforcement orders.
Section 537.6109 - Assurance of discontinuance.
Section 537.6110 - Injunctions and other proceedings in equity.
Section 537.6112 - Temporary relief.
Section 537.6113 - Civil actions by administrator.
Section 537.6115 - Consumer’s remedies not affected.
Section 537.6117 - Administrative rules.
Section 537.6201 - Applicability.
Section 537.6202 - Notification.
Section 537.7101 - Short title.
Section 537.7102 - Definitions.