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Elizabeth.2d step three (1974); Hodges vmunity Financing & Inv

Elizabeth.2d step three (1974); Hodges vmunity Financing & Inv

Loans which had gone through refinancing just weren’t emptiness not as much as O.C.Grams.A. § 7-3-1 mais aussi seq. simply since prepaid service attention owing to the original financing try rebated within the regards to those plans with respect to the Rule out-of 78’s, unlike by a professional rata means. Varner v. Century Fin. Co., 738 F.2d 1143 (11th Cir. 1984).

– A 1979 personal debt wasn’t uncollectible because totally new 1977 agreement violated brand new Georgia Commercial Loan Work (today Georgia Repayment Financing Act), O.C.G.An excellent. § 7-3-step 1 ainsi que seq., by neglecting to allow for rebates out-of unearned credit insurance costs. However, given that a penalty because of it ticket, the mortgage company was required to forfeit all notice and you will costs accrued in connection with the latest 1977 contract. Varner v. Millennium Fin. Co., 738 F.2d 1143 (11th Cir. 1984).

– Bargain term which makes whole delinquent balance due and you may payable on default off payment is actually gap and you may unenforceable because delivering getting acceleration away from unearned attract. Blazer Fin. Servs. v. Dukes, 141 Ga. App. 663, 234 S.E.2d 149 (1977).

E.2d 291 (1959); Independence Loan Corp

– From the lack of people requirements you to definitely a loan provider cancel borrowing from the bank insurance rates through to speed away from a debt, there isn’t any admission with the chapter whenever a lender, pursuant to properly drawn up financing documents plus in agreement with this section, speeds up a debt however, does not refund insurance fees for the insurance publicity nevertheless in essence. Williams v. Constitution Borrowing Co., 179 Ga. Software. 721, 347 S.Elizabeth.2d 635 (1986).

Quoted into the Haire v. Allied Fin. Co. Software. Crowder, 116 Ga. App. Age.2d 52 (1967); Camilla Financing Co. Sheffield, 116 Ga. App. Age.2d 698 (1967); Reynolds v. Solution Loan & Fin. Co. App. E.2d 309 (1967); Gentry v.Read More »Elizabeth.2d step three (1974); Hodges vmunity Financing & Inv