Section 409. Refinancing  


Latest version.
  • 1. The holder of a retail instalment contract or
      obligation or note may,  upon  agreement  with  the  buyer,  extend  the
      scheduled  due date or defer the scheduled payment of all or of any part
      of any instalment or instalments payable thereunder. The  agreement  for
      such extension or deferment must be in writing and signed by the parties
      thereto.  The  holder  may  charge  and  contract  for the payment of an
      extension or deferral charge by the buyer and collect  and  receive  the
      same,  at  the  rate  or  rates agreed to by holder and the buyer on the
      amount of the instalment or instalments, or part  thereof,  extended  or
      deferred for the period of extension or deferral.  Such period shall not
      exceed  the  period  from  the  date  when  such  extended  or  deferred
      instalment or instalments, or part thereof, would have been  payable  in
      the  absence  of  such  extension  or  deferral,  to  the date when such
      instalment or instalments, or part thereof, are made payable  under  the
      agreement of extension or deferment; except that a minimum charge of one
      dollar  for  the period of extension or deferral may be made in any case
      where the extension or deferral charge,  when  computed  at  such  rate,
      amounts to less than one dollar. Such agreement may also provide for the
      payment  by  the  buyer  of  the  additional  cost  to the holder of the
      contract or obligation or note of  premiums  for  continuing  in  force,
      until  the  end  of  such period of extension or deferral, any insurance
      coverages provided for in the contract or  obligation,  subject  to  the
      provisions of subdivision five of section four hundred two.
        2.  The  holder  of a retail instalment contract or obligation or note
      may, upon agreement in writing with the buyer, refinance the payment  of
      the  unpaid  time  balance  of  the  contract  or  obligation or note by
      providing for a new schedule of  instalment  payments.  The  holder  may
      charge  and  contract for the payment of a refinance charge by the buyer
      and collect and receive the same, but such refinance charge (1) shall be
      based upon the amount refinanced, plus any additional cost of  insurance
      and  of  official fees incident to such refinancing, after the deduction
      of a refund credit in an amount equal to that to which the  buyer  would
      have been entitled under section four hundred eight if he had prepaid in
      full  his  obligations  under the contract or obligation or note, but in
      computing such refund credit there shall  not  be  allowed  the  minimum
      earned  credit service charge as authorized by such section, and (2) may
      not exceed the rate of credit service charge provided under section four
      hundred four of this chapter. Such agreement for  refinancing  may  also
      provide  for  the  payment  by  the  buyer of the additional cost to the
      holder of the contract or obligation or note of premiums for  continuing
      in  force,  until  the maturity of the contract or obligation or note as
      refinanced, any insurance coverages provided for therein, subject to the
      provisions of subdivision five of  section  four  hundred  two  of  this
      chapter. The refinancing agreement shall set forth all items required to
      be  disclosed by the act of congress entitled "Truth in Lending Act" and
      the regulations thereunder, as such act and regulations may from time to
      time be amended.