Ohio Revised Code Search
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Section 1317.062 | Retail seller or holder may contract for and receive alternative delinquent charges.
...(A)(1) As an alternative to the delinquent charges permitted in division (B) of section 1317.06 and division (B) of section 1317.11 of the Revised Code, a retail seller or holder may contract for and receive delinquent charges in any amount agreed upon or consented to by the parties to the retail installment contract or revolving budget agreement. (2) Each retail installment contract and revolving budget agreement p... |
Section 1317.07 | Requirements of retail installment contract.
...ng paid on May 9, 1949, in a particular business and area may be charged if the charge does not exceed two hundred fifty dollars per sale, except as otherwise authorized by section 4517.261 of the Revised Code. No retail seller shall use multiple agreements with respect to a single item or related items purchased at the same time, with intent to obtain a higher charge than would otherwise be permitted by Chapter 13... |
Section 1317.071 | Limits on security interests.
...debt. If debts arising from two or more sales are thus secured or are consolidated into one debt payable on a single schedule of payments, and the debt is secured by security interests taken with respect to one or more of the sales, payments received by the seller after the taking of security interests in the other property or the consolidation are deemed, for the purpose of determining the amount of the debt secured... |
Section 1317.08 | Unenforceable retail installment contracts.
...(A)(1) No retail installment contract that evidences an indebtedness greater than that allowed under sections 1317.06, 1317.061, 1317.062, and 1317.07 of the Revised Code, and no retail installment contract in connection with which any charge prohibited by sections 1317.01 to 1317.11 of the Revised Code has been contracted for or received, shall be enforceable with respect to that excess indebtedness or charge agains... |
Section 1317.09 | Payment in full before maturity - refund credit.
...Notwithstanding any retail installment contract to the contrary, any retail buyer may satisfy in full at any time before maturity the debt of any retail installment contract and in so satisfying such debt shall receive a refund credit thereon for such anticipation of payments. The amount of such refund shall represent at least as great a proportion of the total finance charge, less an acquisition cost of ten dollars,... |
Section 1317.10 | Prior agreement is not a waiver.
...No agreement of any retail buyer made prior to or concurrent with the execution of any retail installment contract is a waiver of sections 1317.01 to 1317.11, inclusive, of the Revised Code. |
Section 1317.11 | Prior sales or contracts not affected - revolving budget agreements.
...'s unpaid balance from time to time, or sales made pursuant thereto, by a retail seller or sellers, provided they comply with the provisions of this section. (A) Such agreements, in this section called revolving budget agreements, and sales made pursuant thereto, shall be governed solely by and shall comply with this section. A copy of any such agreement executed after January 1, 1960, shall be delivered to the reta... |
Section 1317.12 | Default - notice, curing.
...t, the secured party shall, within five business days after taking possession, send to the debtor a notice setting forth specifically the circumstances constituting the default and the amount by itemization that the debtor is required to pay to cure the default. Any notice required by section 1309.611 or 1317.16 of the Revised Code may be included as part of the notice required by this section. A secured party who ... |
Section 1317.13 | Time balance.
...As used in this section, "motor vehicle" and "mobile home" have the same meanings as in section 4501.01 of the Revised Code, and "manufactured home" has the same meaning as in section 3781.06 of the Revised Code. Notwithstanding the provisions of section 1309.609 of the Revised Code or any agreement by the parties to a consumer transaction to the contrary, a secured party whose security interest is taken pursuant t... |
Section 1317.14 | Waiver of defenses provision in contract is void.
...Any provision in a retail installment contract or in any other agreement that is executed on or after August 1, 1980, by which a buyer in connection with a consumer transaction agrees not to assert any defenses against a seller, or the seller's assignee or transferee, is void, and the courts have no jurisdiction to enforce any such provision. |
Section 1317.16 | Disposition of collateral.
...(A) A secured party whose security interest is taken pursuant to section 1317.071 of the Revised Code may, after default, dispose of any or all of the collateral only as authorized by this section. (B) Disposition of the collateral shall be by public sale only. Such sale may be as a unit or in parcels and the method, manner, time, place, and terms thereof shall be commercially reasonable. At least ten days prior to ... |
Section 1317.21 | Breach of layaway arrangement by buyer.
...(A) Notwithstanding division (B) of section 1302.92 of the Revised Code and excluding layaway arrangements made pursuant to section 1317.22 of the Revised Code, when a seller justifiably withholds the delivery of specific goods because of the buyer's breach of a layaway arrangement, then both of the following apply: (1) The amount of the liquidated damages to which the seller is entitled shall not exceed the lesser ... |
Section 1317.22 | Contract for sales over $500 or special order merchandise require a writing.
...(A) If a contract for sale at retail is a layaway arrangement involving the sale of merchandise or specific goods at a price above five hundred dollars, the layaway arrangement shall be evidenced by a written contract between the buyer and the seller and shall not be subject to division (A)(1) of section 1317.21 of the Revised Code. The seller shall provide a copy of the written contract to the buyer at the time the ... |
Section 1317.23 | Payment of refunds.
...Refunds provided to a buyer under sections 1317.21 and 1317.22 of the Revised Code shall be made by the seller within thirty days of the completion of the applicable notice requirement by delivering cash, a check, or a money order to the buyer. The seller may determine the method of payment and the buyer may determine the manner of delivering the refund. If the seller delivers a cash refund to the buyer in a face-to-... |
Section 1317.24 | Failure to comply is unfair or deceptive act or practice.
...A seller's failure to comply with sections 1317.21 to 1317.23 of the Revised Code is an unfair or deceptive act or practice in violation of section 1345.02 of the Revised Code. |
Section 1317.99 | Penalty.
...(A) Whoever willfully violates sections 1317.01 to 1317.11, inclusive, of the Revised Code, shall be fined not more than one thousand dollars or imprisoned not more than one year, or both. |
Section 1322.01 | RMLA definitions.
... connection with financing those retail sales, the person does not do any of the following: (i) Offer or negotiate the residential mortgage loan rates or terms; (ii) Fail to give a borrower written disclosure of any corporate affiliation the person has with any lender, or fail to refer a borrower to at least one unaffiliated lender if the person recommends a lender with which the person has a corporate affiliatio... |
Section 1322.02 | Rules amending definitions of mortgage broker, lender, or originator; rules amending criteria for letters of exemption.
...tgage broker, mortgage lender, mortgage servicer, or any other definition in section 1322.01 of the Revised Code, or the criteria for an entity to obtain a letter of exemption, or a registration or license, under this chapter, if the superintendent finds that the change is necessary to remain consistent with the purposes intended by the policy and provisions of the "Secure and Fair Enforcement for Mortgage Licensing ... |
Section 1322.04 | Applicability of RMLA.
...ng financing by others for those retail sales, the person does not do any of the following: (1) Offer or negotiate the residential mortgage loan rates or terms; (2) Fail to give a borrower written disclosure of any corporate affiliation the person has with any lender, or fail to refer a borrower to at least one unaffiliated lender if the person recommends a lender with which the person has a corporate affiliatio... |
Section 1322.05 | Credit union service organization or depository institution application for letter of exemption; fee.
...(1) The organization's or institution's business name and state of incorporation or business registration; (2) The names of the owners, officers, or partners having control of the organization or institution; (3) An attestation to all of the following: (a) That the organization or institution and its owners, officers, or partners identified in division (A)(2) of this section have not had a credit union service o... |
Section 1322.07 | Requirement to obtain certificate of registration or license.
...business as a mortgage lender, mortgage servicer, or mortgage broker in this state without first having obtained a certificate of registration from the superintendent of financial institutions for the principal office and every branch office to be maintained by the person for the transaction of business as a mortgage lender, mortgage servicer, or mortgage broker in this state. (2) A registrant shall maintain an of... |
Section 1322.09 | Application for certificate of registration; fee.
...es related to mortgage lender, mortgage servicer, or mortgage broker certificates of registration or the persons associated with a mortgage lender, mortgage servicer, or mortgage broker. (2) For purposes of this section and to reduce the points of contact that the federal bureau of investigation may have to maintain, the division of financial institutions may use the nationwide mortgage licensing system and registr... |
Section 1322.10 | Conditions for issuing certificate of registration; renewal.
...at the use of the residence to transact business as a mortgage lender, mortgage broker, or mortgage servicer is not prohibited. (3) The applicant maintains all necessary filings and approvals required by the secretary of state. (4) The applicant complies with the surety bond requirements of section 1322.32 of the Revised Code. (5) The applicant has not made a material misstatement of fact or material omissio... |
Section 1322.12 | Designation of operations manager; eligibility.
...ge lender, mortgage broker, or mortgage servicer. (C) If the person designated as the operations manager pursuant to this section ceases to be the operations manager, the registrant shall do all of the following: (1) Within ninety days after the person ceases to be the operations manager, designate another person as the operations manager; (2) Within ten days after the designation described in division (C)(1) ... |
Section 1322.15 | Obfuscation or concealment of true ownership or control.
...No person shall acquire, sell, transfer, or hypothecate any interest in a registrant, or an entity holding a letter of exemption issued under this chapter, or an applicant for a certificate of registration under this chapter in order to obfuscate or conceal the true ownership or control of the registrant, exemption holder, or applicant. |