(e) Brand new provisions associated with the area should apply at people who for the crappy faith tries to prevent the applying of which part from the (i) dividing any financing exchange on independent bits with the aim and you will with the purpose regarding evading the fresh new conditions for the part, otherwise (ii) any kind of such as for instance subterfuge.
(f) A loan provider within the a speed pass on mortgage exactly who, when acting in the good faith, doesn’t adhere to that it part, will not be deemed to own violated it section if the bank set one to possibly:
(1) In this 90 days of your mortgage closure and you may before the business of every step from the financial under which point, new borrower is informed of the conformity inability, the lender tendered compatible restitution, the lender offered, at the borrower’s choice, often in order to (i) result in the rates spread financial conform to subsection (b) otherwise (c), otherwise (ii) change the regards to the borrowed funds in a manner good for the fresh debtor therefore, the mortgage will no longer meet the requirements a rate bequeath financial subject to the newest provisions of this point, and you can inside a reasonable time pursuing the borrower’s election away from remedies, the lender got appropriate step in line with the borrower’s choice; or