537.3304  Use of multiple agreements.

1.  With respect to a sale or loan other than a supervised loan, a creditor may not use multiple agreements in what is in substance a single transaction, with intent to obtain a higher finance charge than would otherwise be permitted by the provisions of article 2 of this chapter.

2.  With respect to a supervised loan, a lender may not use multiple agreements with intent to obtain a higher finance charge than would otherwise be permitted. For the purposes of this subsection, multiple agreements are used if a lender allows any person, or husband and wife, to become obligated in any way under more than one loan agreement with the lender or with a person related to the lender.

3.  The excess amount of finance charge obtained in violation of this section is an excess charge for the purposes of the provisions on rights of parties in section 537.5201 and the provisions on civil actions by the administrator in section 537.6113.

Section History: Early form

  [C35, § 9438-f13; C39, § 9438.13; C46, 50, 54, 58, 62, § 536.13(6); C66, 71, 73, § 536.13(6), 536A.24; C75, 77, 79, 81, § 537.3304]

Internal References

  Referred to in § 322.33, 536.13, 536A.31


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