Section 18635 Of Article 5. Charges On Scheduled Balances From California Financial Code >> Division 7. >> Chapter 8. >> Article 5.
18635
. Whenever the interest or charges, or interest and charges
deducted in advance exceed the maximum provided by this division, by
reason of subsequent repayment of the loan, a new loan, refinancing,
or otherwise, or any portion thereof prior to maturity, such excess
shall be rebated to the borrower or credited on any balance owing by
the borrower to the company. The rebate shall be the difference
between the total of the precomputed charge, any charge for extending
the first due date, plus any default or deferment charges and the
charges at the contract rate computed on unpaid principal balances
for the number of days actually elapsed by applying each payment
first to charges and the remainder to principal. The tender, by the
borrower or at his request, of an amount equal to the unpaid balance
less the required rebate must be accepted by the company in full
payment of the loan contract.