Section 22341 Of Article 3. Loan Regulations From California Financial Code >> Division 9. >> Chapter 2. >> Article 3.
22341
. (a) No licensee may make a loan to refinance a retail
installment contract subject to Chapter 1 (commencing with Section
1801) of Title 2 of Part 4 of Division 3 of the Civil Code, that is
held by the licensee, its subsidiaries, or affiliates, unless all of
the following conditions are met:
(1) The buyer has been making installment payments required by the
retail installment contract for a period of not less than 90 days.
The retail installment contract has a term of not less than 180 days
and does not provide for any scheduled installment that is more than
twice the amount of any other scheduled installment.
(2) The loan provides for additional proceeds other than for
insurance in an amount not less than the outstanding principal
balance of the retail installment contract and provides for payment
in full of the retail installment contract.
(3) The licensee shall not take a security interest in real
property that is the principal residence of the borrower unless the
loan has a principal amount of five thousand dollars ($5,000) or more
and the following notice written in the same language, for example,
Spanish, as used in the loan documents, is incorporated into the
statement used to comply with Section 22338: