§ 37-3-402. Balloon payments.

189 words·~1 min read·/sc/title-37-consumer-protection-code/chapter-3/loans/37-3-402·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Except as provided in subsection (2), if any scheduled payment of a consumer loan is more than twice as large as the average of earlier scheduled payments, the consumer has the right to refinance, without penalty, the amount of that payment at the time it is due. The terms of the refinancing shall be no less favorable to the consumer than the terms of the original transaction.

(2)This section does not apply to:

(a)a transaction pursuant to a revolving loan account;

(b)a transaction to the extent that the payment schedule is adjusted to the seasonal or irregular income or scheduled payments or obligations of the consumer;

(c)a credit transaction to the extent a formula for determining the rate of the loan finance charge and any change in the amount of payment upon renegotiation or refinancing is specified in the agreement between the parties or is an alternative mortgage instrument; or

(d)a transaction of a class defined by rule of the administrator as not requiring for the protection of the consumer his right to refinance as provided in this section.