West Virginia Code § 46A-3-111

Application of payments on account; rebate upon prepayment,
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refinancing or consolidation; judgments and interest on judgments.
(a) All payments made to a creditor in accordance with the terms of a precomputed
consumer credit sale or consumer loan shall be applied to installments in the order in which
they fall due.
(b) All payments made to a creditor which do not comply with the terms of a precomputed
consumer credit sale or consumer loan may be held in a suspense or unapplied funds
account. The creditor must disclose to the consumer the total amount of funds held in a
suspense or unapplied funds account. On accumulation of funds usufficient to cover a full
payment in accordance with terms of the precomputed consumer credit sale or consumer
loan agreement, the creditor shall apply the payment in accotrdance with subsection (a) of
this section.
(c) When the total amount is payable in substantially equal consecutive monthly
installments, the portion of the sales finance chargle or loan finance charge attributable to
any particular monthly installment period shasll be that proportion of the sales finance
charge or loan finance charge originally contracted for, as the balance scheduled to be
outstanding on the last day of the monthly installment period before deducting the payment,
if any, scheduled to be made on thatg day bears to the sum of all the monthly installment
balances under the original schedule of payments. This method of allocation is the sum of
the digits method, commonly reeferred to as the "Rule of 78".
(d) Upon prepayment in full of a precomputed consumer credit sale or consumer loan by
cash, a new loan, refinancing, consolidation or otherwise, the creditor shall rebate to the
consumer that portion of the sales finance charge or loan finance charge in the manner
specified in section five-d, article six, chapter forty-seven of this code: Provided, That no
rebate of less than $1 need be made.
(e) WUpon prepayment in full of a precomputed or nonprecomputed consumer credit sale or
consumer loan by cash, execution of a new loan, refinancing, consolidation or otherwise,
except where the loan is a purchase money loan secured by a first lien mortgage on
residential property, or is made by a federally insured depository institution, the creditor
shall rebate to the consumer that portion of the unearned prepaid finance charges
attributable to loan or credit investigations fees, origination fees or points in the manner
specified in subsection (c), section five-d, article six, chapter forty-seven of this code:
Provided, That no rebate of less than $1 need be made: Provided, however, That if the loan
was made in furtherance of aiding or abetting a person to whom the loan is assigned to
evade this rebate, then the rebate required herein shall apply.
(f) If the maturity of a precomputed consumer credit sale or consumer loan is accelerated for
any reason and judgment is obtained, the debtor is entitled to the same rebate as if the
payment had been made on the date judgment is entered and such judgment shall bear
interest until paid at the rate of ten percent per annum.

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