(1) Subject to the provisions on rebate upon prepayment, the consumer may repay in full the unpaid balance of a consumer credit sale or a consumer loan, refinancing or consolidation at any time without penalty.
(2) Notwithstanding subsection one of this section, it is permissible within the first three years of a credit extension or loan to charge a prepayment penalty of up to one percent of the original principal amount in a consumer credit sale subject to the provisions of section one hundred two of this article or on a consumer loan secured by an interest in land: Provided, That said prepayment penalty may not be imposed as part of any industrial loan company licensee or secondary mortgage lender licensee contract, and that in no event can a prepayment penalty be assessed on a refinancing within one year from the date of the prior loan.
(3) Housing loans originated by the West Virginia Housing Development Fund are exempt from the restrictions set forth in this section.
Structure West Virginia Code
Chapter 46A. West Virginia Consumer Credit and Protection Act
Article 3. Finance Charges and Related Provisions
§46A-3-101. Finance Charges Generally
§46A-3-102. Sales Finance Charge for Certain Consumer Credit Sales of Real Estate
§46A-3-106. Loan Finance Charge for Revolving Loan Accounts
§46A-3-107. Sales Finance Charges and Loan Finance Charges on Refinancing
§46A-3-108. Sales Finance Charges and Loan Finance Charges on Consolidation
§46A-3-109a. Collateral Protection Insurance
§46A-3-112. Delinquency Charges on Precomputed Consumer Credit Sales or Consumer Loans
§46A-3-114. Deferral and Modification Charges
§46A-3-115. Advances to Perform Covenants of Consumer
§46A-3-116. Change in Terms of Revolving Charge Accounts or Revolving Loan Accounts