A covered loan of $300,000 carries a penalty inside the first 3 years. The borrower prepays $84,000 in one 12-month period. Assuming the penalty otherwise satisfies applicable requirements, what amount of the prepayment is subject to the statutory six-month-interest cap?
Correct Answer
A) The penalty may reach 6 months advance interest on the $24,000 excess
The cap is 6 months of advance interest at the contract rate on the amount prepaid in a 12-month period in excess of 20 percent of the original principal, and 20 percent of $300,000 is $60,000, leaving $24,000 exposed. Other choices: charging on the whole amount ignores the 20 percent allowance; 12 months is not the figure; and penalties inside the window are permitted on conditions rather than barred. Source: Cal. Fin. Code § 4973(a)(2)
Why This Is the Correct Answer
The cap is 6 months of advance interest at the contract rate on the amount prepaid in a 12-month period in excess of 20 percent of the original principal, and 20 percent of $300,000 is $60,000, leaving $24,000 exposed. Other choices: charging on the whole amount ignores the 20 percent allowance; 12 months is not the figure; and penalties inside the window are permitted on conditions rather than barred. Source: Cal. Fin. Code § 4973(a)(2)
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