45-20-106 - Actions prohibited to avoid application or provisions of chapter Open-end credit plan. - Tennessee Statutes

45-20-106. Actions prohibited to avoid application or provisions of chapter Open-end credit plan.

(a)  No person shall, with the intent to avoid the application or provisions of this chapter:

     (1)  Divide a loan transaction into separate parts;

     (2)  Structure a loan transaction as an open-end credit plan for the purpose and with the intent of evading the provisions of this chapter, when the loan would have been a high-cost home loan if the loan had been structured as a closed-end loan; or

     (3)  Engage in any other subterfuge.

(b)  For purposes of this section, “open-end credit plan” means “open-end loan” as defined in 12 CFR 226.2(a)(20), and as used in the official staff commentary of the board of governors of the federal reserve system.

(c)  For open-end credit plan, “points and fees” means “points and fees” as defined in 12 CFR 226.32, and as used in the official staff commentary of the board of governors of the federal reserve system that are known at or before closing, plus the minimum additional fees the borrower would be required to pay to draw down an amount equal to the total credit line.

[Acts 2006, ch. 801, § 6.]