Montana Code Annotated 2007

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     32-5-102. (Temporary) Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:
     (1) (a) "Consumer loan" means credit offered or extended to an individual primarily for personal, family, or household purposes, including loans for personal, family, or household purposes that are secured by a mortgage, deed of trust, trust indenture, or other security interest in real estate.
     (b) Consumer loans do not include:
     (i) loan transactions that are governed by 12 U.S.C. 1735f-7a, but a consumer loan business may engage in transactions that are governed by 12 U.S.C. 1735f-7a;
     (ii) deferred deposit loans provided for in Title 31, chapter 1, part 7; or
     (iii) title loans provided for in Title 31, chapter 1, part 8.
     (2) "Consumer loan business" means the business of making consumer loans as a licensee under this chapter.
     (3) "Department" means the department of administration provided for in Title 2, chapter 15, part 10.
     (4) "License" means one or both of the licenses provided for by this chapter.
     (5) "Licensee" means the person holding a license.
     (6) "Person" means individuals, partnerships, associations, corporations, and all legal entities in the loaning business. (Effective October 1, 2008)
     32-5-102. (Effective October 1, 2008) . Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:
     (1) "Balloon payment" means any repayment option in which the borrower is required to repay the entire amount of any outstanding balance as of a specific date or at the end of a specified term and the aggregate amount of the required minimum periodic payments would not fully amortize the outstanding balance by the specific date or at the end of the loan term.
     (2) (a) "Consumer loan" means credit offered or extended to an individual primarily for personal, family, or household purposes, including loans for personal, family, or household purposes that are not primarily secured by a mortgage, deed of trust, trust indenture, or other security interest in real estate.
     (b) Consumer loans do not include:
     (i) deferred deposit loans provided for in Title 31, chapter 1, part 7; or
     (ii) title loans provided for in Title 31, chapter 1, part 8.
     (3) "Department" means the department of administration provided for in Title 2, chapter 15, part 10.
     (4) "Interest" means the compensation allowed by law or fixed by the parties for the use or forbearance or detention of money and includes loan origination fees, points, and prepaid finance charges, as defined in 12 CFR 226.2.
     (5) "License" means a license provided for by this chapter.
     (6) "Licensee" means the person holding a license.
     (7) "Person" means individuals, partnerships, associations, corporations, and all legal entities.

     History: En. Sec. 2, Ch. 283, L. 1959; amd. Sec. 1, Ch. 233, L. 1971; amd. Sec. 1, Ch. 172, L. 1975; amd. Sec. 110, Ch. 431, L. 1975; R.C.M. 1947, 47-202; amd. Sec. 1, Ch. 216, L. 1979; amd. Sec. 2, Ch. 274, L. 1981; amd. Sec. 1, Ch. 424, L. 1981; amd. Sec. 1, Ch. 140, L. 1983; amd. Sec. 1, Ch. 374, L. 1997; amd. Sec. 100, Ch. 483, L. 2001; amd. Sec. 7, Ch. 178, L. 2003; amd. Sec. 6, Ch. 221, L. 2003; amd. Sec. 1, Ch. 372, L. 2007.

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