Section 18210 Of Article 2. Terms And Maximum Charges From California Financial Code >> Division 7. >> Chapter 3. >> Article 2.
18210
. (a) Except as provided in Sections 18205.5 and 18209 and
subject to subdivisions (b) and (c), an industrial loan company shall
not make any loan or purchase or discount any note secured primarily
by real property unless the loan or other obligation is repayable in
substantially equal weekly, semimonthly, monthly, or quarterly
installments during its term, which shall not exceed 30 years and 30
days from the date the loan or other obligation is made or acquired
by the company. Equal installment requirements shall not apply to
adjustable or variable rate loans or obligations made or purchased by
the industrial loan company in accordance with Title VIII of the
Garn-St. Germaine Depository Institutions Act of 1982 and any
applicable regulations, guidelines, and policies adopted thereunder.
However, an industrial loan company may make loans secured by first
trust deeds on real property containing single family, or one to four
residential, units provided that the repayment period for each loan
does not exceed 40 years and 30 days from the date the loan is made
by the company. All loans with repayment periods in excess of 30
years and 30 days shall not exceed in the aggregate 5 percent of all
outstanding loans and obligations of the company.
(b) Any consumer loan or any purchase or discount of any consumer
obligation having a term in excess of three years from the date the
loan or other obligation is made or acquired by the company shall be
secured solely by real property or solely by personal property.
However, if the original principal amount of the consumer loan or
obligation is twenty thousand dollars ($20,000) or more, then the
loan or obligation shall be secured solely by real property or solely
by personal property, or by both real property and personal
property. All loans and obligations made and purchased pursuant to
this subdivision shall be repayable in installments and within a term
not to exceed the limitations set forth in subdivision (a), except
that consumer loans or obligations secured solely by personal
property shall have a term not to exceed the term provided for in
Section 18205 and except as otherwise may be provided for in Sections
18207, 18208, and 18209. The equal installment requirements set
forth in subdivision (a) shall not apply to loans or obligations made
or purchased by the industrial loan company in accordance with Title
VIII of the Garn-St. Germaine Depository Institutions Act of 1982
and any applicable regulations, guidelines, and policies adopted
thereunder.
(c) In order to ensure the safety and soundness of industrial loan
companies and to avoid an unreasonable concentration of loans and
obligations that could result in balloon payments, all loans and
obligations with a term in excess of 15 years and 30 days shall be
repaid in substantially equal weekly, semimonthly, monthly, or
quarterly installments during their term.