(1) No licensee may make a loan using any method of calculating
interest other than the simple interest method; except that the
add-on method of calculating interest may be used for a loan not
secured by real property or personal property used as a residence
when the repayment period does not exceed three years and fifteen
days after the loan origination date.
(2) No licensee may make a loan using the add-on method to
calculate interest that does not provide for a refund to the
borrower or a credit to the borrower's account of any unearned
interest when the loan is repaid before the original maturity
date in full by cash, by a new loan, by refinancing, or otherwise
before the final due date. The refund must be calculated using
the actuarial method, unless a sum equal to two or more
installments has been prepaid and the account is not in arrears
and continues to be paid ahead, in which case the interest on the
account must be recalculated by the simple interest method with
the refund of unearned interest made as if the loan had been made
using the simple interest method. When computing an actuarial
refund, the lender may round the annual rate used to the nearest
quarter of one percent.
In computing a required refund of unearned interest, a
prepayment made on or before the fifteenth day after the
scheduled payment date is deemed to have been made on the payment
date preceding the prepayment. In the case of prepayment before
the first installment due date, the company may retain an amount
not to exceed one-thirtieth of the first month's interest charge
for each day between the origination date of the loan and the
actual date of prepayment.
(3) No licensee may provide credit life or disability
insurance in an amount greater than that required to pay off the
total balance owing on the date of the borrower's death net of
refunds in the case of credit life insurance, or all minimum
payments that become due on the loan during the covered period of
disability in the case of credit disability insurance. The
lender may not require any such insurance.
(4) Except in the case of loans by mail, where the borrower
has sufficient time to review papers before returning them, no
licensee may prepare loan papers in advance of the loan closing
without having reviewed with the borrower the terms and
conditions of the loan to include the type and amount of
insurance, if any, requested by the borrower.
[2007 c 208 § 1; 1995 c 9 § 1; 1991 c 208 § 13.]