California CodesBusiness and Professions Code - BPCDivision 4 — Real EstatePart 1 — Licensing of PersonsChapter 3 — Real Estate RegulationsArticle 7 — Real Property LoansSection 10242
The maximum amount of expenses, charges and interest to be paid by a borrower with respect to any loan subject to this article shall be as follows:
(a) The maximum amount of all costs and expenses referred to in subdivision (a) of Section 10241, exclusive of actual title charges and recording fees, shall not exceed 5 percent of the principal amount of the loan or three hundred ninety dollars ($390), whichever is greater but in no event to exceed seven hundred dollars ($700), provided that in no event shall said maximum amount exceed actual costs and expenses paid, incurred or reasonably earned.
(b) The maximum amount of the charges referred to in subdivision (b) of Section 10241 shall not exceed the following amounts:
(1) In the case of a loan secured directly or collaterally, in whole or in part by a first trust deed, 5 percent of the principal amount of the loan where the term of the loan is a period of less than three years and 10 percent where the term is a period of three years or more.
(2) In the case of a loan secured directly or collaterally by a trust deed other than a first trust deed, 5 percent of the principal amount of the loan where the term of the loan is a period of less than two years, 10 percent where the term is a period of two years but less than three years, and 15 percent where the term is a period of three years or more.
(3) With respect to a further advance on a note, the charges shall not exceed the charges for an original loan in the same amount as the further advance and made for a term equal to the remaining term of the note on which the further advance is being made, including any extension thereof.
(c) No interest may be charged with respect to any period prior to the date that the proceeds of the loan are made available to the borrower or are deposited in escrow.
Notes
Limits covered-loan costs to 5 percent of principal or $390, whichever is greater, but no more than $700 or actual costs. Broker-charge caps are 5 percent for first-lien terms under three years and 10 percent otherwise; junior-lien caps are 5 percent under two years, 10 percent from two to under three years, and 15 percent at three years or more.
Use as reference
Lexinter.net | California Code, Business and Professions Code - BPC § 10242 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-4/part-1/chapter-3/article-7/section-10242