A creditor may not refinance any consumer loan to the same borrower into a loan subject to subsection (10) of Section 1-301 of Title 14A of the Oklahoma Statutes, unless the refinancing is in the borrower’s interest. Factors to be considered in determining whether the refinancing is in the borrower's interest include, but are not limited to, whether:
(a) the borrower's new monthly payment is lower than the total of all monthly obligations being financed, taking into account the costs and fees;
(b) there is a change in the amortization period of the new loan;
(c) the borrower receives cash in excess of the costs and fees of refinancing;
(d) the borrower's note rate of interest is reduced;
(e) there is a change from an adjustable to a fixed rate loan, taking into account costs and fees; or
(f) the refinancing is necessary to respond to a bona fide personal need or an order of a court of competent jurisdiction.
A creditor is prohibited from engaging in acts or practices to evade this provision, including a pattern or practice of arranging for the refinancing of its own loans by affiliated or unaffiliated creditors, or modifying a loan agreement, whether or not the existing loan is satisfied and replaced by the new loan, and charging a fee.
Added by Laws 2003, c. 330, § 11, eff. Jan. 1, 2004.
Structure Oklahoma Statutes
Title 14A. Consumer Credit Code
§14A-1-102. Purposes - Rules of construction.
§14A-1-103. Supplementary general principles of law applicable.
§14A-1-104. Construction against implicit repeal.
§14A-1-106. Change in dollar amount used in certain sections.
§14A-1-107. Waiver - Agreement to forego rights - Settlement of claims.
§14A-1-108. Effect of act on powers of organizations.
§14A-1-109. Discrimination in extension of credit on basis of sex or marital status prohibited.
§14A-1-110. Use of cash discounts.
§14A-1-111. Location of amendments.
§14A-1-201. Territorial application.
§14A-1-201A. Extraterritorial application.
§14A-1-301. General definitions.
§14A-1-302. Definition: "Federal Consumer Credit Protection Act".
§14A-1-303. Index of definitions in act.
§14A-2-103. Definitions in article.
§14A-2-104. Definition: "Consumer credit sale".
§14A-2-106. Definition: "Consumer lease".
§14A-2-107. Definition: "Seller".
§14A-2-108. Definition: "Revolving charge account".
§14A-2-109. Definition: "Credit service charge".
§14A-2-110. Definition: "Cash price".
§14A-2-111. Definition: "Amount financed".
§14A-2-112. Sale of motor vehicles - Taking security in other vehicles.
§14A-2-201. Credit service charge for consumer credit sales other than revolving charge accounts.
§14A-2-202. Additional charges.
§14A-2-202.1. Return of dishonored check, negotiable order of withdrawal or share draft - fee.
§14A-2-202.2. Over-the-limit charge.
§14A-2-203. Delinquency charges.
§14A-2-205. Credit service charge on refinancing.
§14A-2-206. Credit service charge on consolidation.
§14A-2-207. Credit service charge for revolving charge accounts.
§14A-2-208. Advances to perform covenants of buyer.
§14A-2-210. Rebate upon prepayment.
§14A-2-211. Discounts inducing payment by cash, check or similar means.
§14A-2-301. Applicability - Information required.
§14A-2-301.1. Federal Consumer Credit Protection Act disclosure.
§14A-2-304. Calculation of rate to be disclosed.
§14A-2-305. Sales made by telephone or mail.
§14A-2-306. Consumer credit sales not pursuant to revolving charge account.
§14A-2-309. Estimates of disclosures.
§14A-2-310. Revolving charge accounts.
§14A-2-310.1. Disclosure in credit and charge card applications and solicitation.
§14A-2-402. Use of multiple agreements.
§14A-2-403. Certain negotiable instruments prohibited.
§14A-2-404. When assignee not subject to defense.
§14A-2-406. Restriction on liability in consumer lease.
§14A-2-407. Security in sales or leases.
§14A-2-409. Debt secured by cross-collateral.
§14A-2-410. No assignment of earnings.
§14A-2-412. Notice of assignment.
§14A-2-414. Limitation on default charges.
§14A-2-415. Authorization to confess judgment prohibited.
§14A-2-416. Change in terms of revolving charge accounts.
§14A-2-417. Surcharge for use of credit or debit card.
§14A-2-501. Definition: "Home solicitation sale".
§14A-2-502. Buyer's right to cancel.
§14A-2-503. Form of agreement or offer - Statement of buyer's rights.
§14A-2-504. Restoration of down payment - Retention of cancellation fee.
§14A-2-505. Duty of buyer - No compensation for services prior to cancellation.
§14A-2-601. Sales subject to act by agreement of parties.
§14A-2-605. Credit service charge for other sales.
§14A-3-103. Definitions in artlcle.
§14A-3-104. Definition: "Consumer Loan".
§14A-3-105. Definition: "Loan primarily secured by an interest in land".
§14A-3-106. Definition: "Loan".
§14A-3-107. Definitions: "Lender"; "Precomputed"; "Principal".
§14A-3-108. Definition: "Revolving loan account".
§14A-3-109. Definition: "Loan finance charge".
§14A-3-201. Loan finance charge for consumer loans other than supervised loans.
§14A-3-202. Additional charges.
§14A-3-202.1. Return of dishonored check, negotiable order of withdrawal or share draft - Fee.
§14A-3-203. Delinquency charges.
§14A-3-203.1. Credit to finance medical goods and services - Contract for delinquency charges.
§14A-3-203.2. Revolving loan credit card accounts - Additional charges.
§14A-3-205. Loan finance charge on refinancing.
§14A-3-206. Loan finance charge on consolidation.
§14A-3-207. Conversion to revolving loan account.
§14A-3-208. Advances to perform covenants of debtor.
§14A-3-210. Revolving charge accounts.
§14A-3-301. Applicability - Information required.
§14A-3-301.1. Federal Consumer Credit Protection Act disclosure.
§14A-3-302.1. Disclosure of fee for dishonored check, negotiable order of withdrawal or share draft.
§14A-3-302.2. Disclosure of over-the-limit fees.
§14A-3-304. Calculation of rate to be disclosed.
§14A-3-305. Loans made by telephone or mail.
§14A-3-306. Consumer loans not pursuant to revolving loan account.
§14A-3-309. Revolving loan accounts.
§14A-3-309.1. Disclosure in credit and charge card applications and solicitation.
§14A-3-309.4. Additional disclosures for subsection 10 mortgages.
§14A-3-309.5. Additional disclosures for reverse mortgages.
§14A-3-310. Estimates of disclosures.
§14A-3-313. Notification to borrower of transfer of residential mortgage loan.
§14A-3-403. No assignment of earnings.
§14A-3-405. Limitation on default charges.
§14A-3-406. Notice of assignment.
§14A-3-407. Authorization to confess judgment prohibited.
§14A-3-408. Change in terms of revolving loan accounts.
§14A-3-409. Use of multiple agreements.
§14A-3-410. Subsection 10 mortgages – Limitations and restrictions - Preemption.
§14A-3-411. Refinancing loan to subsection 10 mortgage – Borrower’s interest.
§14A-3-501. Definitions: "Supervised loan"; "Supervised lender".
§14A-3-502. Authority to make supervised loans - Administrative actions against unlicensed persons.
§14A-3-504. Issuance or denial of license to make supervised loans.
§14A-3-505. Hearing examiner - Powers - Reinstatement - Certain disclosures required of licensee.
§14A-3-506. Examination of licensees - Access to records - Investigations.
§14A-3-507. Application of Administrative Procedure Act to Part.
§14A-3-508A. Loan finance charge for supervised loans.
§14A-3-508B. Loan finance charge for loans with principal of Three Thousand Dollars or less.
§14A-3-508C. Electronic payment processing convenience fee.
§14A-3-509. Use of multiple agreements or split loans.
§14A-3-510. Restrictions on interest in land as security.
§14A-3-511. Regular schedule of payments - Maximum loan term.
§14A-3-512. Conduct of business other than making loans.
§14A-3-513. Application of other provisions.
§14A-3-515. Restrictions on interest in motor vehicles as security.
§14A-3-601. Loans subject to act by agreement of parties.
§14A-3-605. Loan finance charge for other loans.
§14A-3-701. Short title – Oklahoma Private Student Loan Transparency and Improvement Act.
§14A-3-703. Prohibition on gifts – Revenue sharing.
§14A-3-704. Restrictions on private educational lenders.
§14A-3-705. Private educational loan application disclosures – Cancellation period.
§14A-3-802. Nonapplicability of act.
§14A-3-803. Agreement required.
§14A-3-805. Form of agreement - Requirement of existing legal claim.
§14A-3-806. Right of rescission.
§14A-3-809. License required - Application.
§14A-3-810. Bond - Letter of credit.
§14A-3-811. Issuance of license.
§14A-3-813. Renewal of license.
§14A-3-814. Prohibited activities or conduct.
§14A-3-817. Application of act.
§14A-4-102. Scope - Applicability to parties.
§14A-4-103. Definition: "Consumer credit insurance".
§14A-4-104. Creditor's provision of and charge for insurance - Excess amount of charge.
§14A-4-105. Conditions applying to insurance to be provided by creditor.
§14A-4-106. Unconscionability.
§14A-4-107. Maximum charge by creditor for insurance.
§14A-4-108. Refund or credit required - Amount.
§14A-4-109. Existing insurance - Choice of insurer.
§14A-4-111. Cooperation between Administrator and Insurance Department.
§14A-4-112. Administrative action of Insurance Department.
§14A-4-201. Term of insurance.
§14A-4-202. Amount of insurance.
§14A-4-203. Filing and approval of rates and forms.
§14A-4-301. Property insurance.
§14A-4-302. Insurance on creditor's interest only.
§14A-4-303. Liability insurance.
§14A-4-304. Cancellation by creditor.
§14A-5-103. Restrictions on deficiency judgments in consumer credit sales.
§14A-5-104. No garnishment before judgment.
§14A-5-105. Limitation on garnishment.
§14A-5-106. No discharge from employment for garnishment.
§14A-5-107. Extortionate extensions of credit.
§14A-5-108. Unconscionability.
§14A-5-201. Consumer credit sales and consumer loans.
§14A-5-202. Effect of violations on rights of parties.
§14A-5-203. Civil liability for violation of disclosure provisions.
§14A-5-204. Right to rescind certain transactions.
§14A-5-205. Refunds and penalties as set-off to obligation.
§14A-5-301. Willful violations.
§14A-5-302. Disclosure violations.
§14A-6-104. Powers and duties of Administrator.
§14A-6-105. Administrative enforcement powers with respect to supervised financial institutions.
§14A-6-106. Investigatory powers.
§14A-6-107. Application of Administrative Procedure Act.
§14A-6-108. Administrative enforcement orders - Review.
§14A-6-109. Assurance of discontinuance.
§14A-6-110. Injunctions against violations of act.
§14A-6-111. Injunctions against unconscionable agreements and fraudulent or unconscionable conduct.
§14A-6-113. Civil actions by Administrator.
§14A-6-115. Debtors' remedies not affected.
§14A-6-116. Report on conclusion of examination – Preservation of examinations and reports.
§14A-6-117. Designation as public records – Other records confidential.
§14A-6-117.1. Availability of data to agencies with direct supervisory authority.
§14A-6-301. Consumer Credit Administrative Expenses Revolving Fund.
§14A-6-302. Commission on Consumer Credit - Prescription of fees.
§14A-6-303. Deposit of fees in Consumer Credit Administrative Expenses Revolving Fund.
§14A-6-502. Members of Commission.
§14A-6-503. Appointment of Commission members - Terms of office - Bipartisan composition.
§14A-6-504. Chairman - Meetings - Quorum - Minutes - Reports - Records - Rules and regulations.
§14A-6-506. Qualifications and remuneration of administrator.
§14A-6-507. Deputy Administrator.
§14A-6-509. Internal organization.
§14A-6-510. Employees - Duties - Compensation.
§14A-9-101. Time of taking effect - Provisions for transition.