TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 43

REGULATION OF AGREEMENTS AND PRACTICES

PART 3.

LIMITATIONS ON AGREEMENTS AND PRACTICES IN REGULATED CONSUMER CREDIT TRANSACTIONS

28-43-307.  Balloon payments. (1) Except as provided in subsection (2) of this section, if any scheduled payment of a regulated consumer credit transaction is more than twice as large as the average of earlier scheduled payments, the debtor 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 debtor than the terms of the original transaction.

(2)  This section does not apply to:

(a)  A transaction pursuant to open-end credit;

(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 debtor;

(c)  A transaction of a class defined by rule of the administrator as not requiring for the protection of the debtor his right to refinance as provided in this section; or

(d)  A transaction secured by a second deed of trust or mortgage on a one (1) to four (4) family dwelling occupied by the debtor.

History:

[28-43-307, added 1983, ch. 119, sec. 3, p. 284.]