West Virginia W. Va. Code § 31-17-8

Maximum interest rate on primary and [sic] subordinate loans; prepayment rebate; maximum points, fees and charges; overriding of federal limitations; limitations on lien documents; prohibitions on primary and subordinate mortgage loans; civil remedy.

(a) The maximum rate of finance charges on or in connection with any subordinate mortgage loan shall not exceed eighteen percent per year on the unpaid balance of the amount financed.

(b) A borrower shall have the right to prepay his or her debt in whole or in part at any time and shall receive a rebate for any unearned finance charge, exclusive of any points, investigation fees and loan origination fees, which rebate shall be computed under the actuarial method.

(c) Except as provided by section one hundred nine, article three, chapter forty-six-a of this code, and by subsection (h) [sic] of this section, no additional charges may be made, nor may any charge permitted by this section be assessed unless the loan is made;

(d) Where loan origination fees, investigation fees, points, have been charged by the licensee, such charges may not be imposed again by the same or affiliated lender in any refinancing of that loan or any additional loan on that property made within twenty-four months thereof, unless these earlier charges have been rebated by payment or credit to the consumer under the actuarial method, or the total of the earlier and current charges does not exceed the limitation specified in subsection (n)(4) [sic] of this section. To the extent this subdivision overrides the preemption on limiting points and other the charges on first lien residential mortgage loans contained in the United States Depository Institutions Deregulation and Monetary Control Act of 1980, 12 U.S.C. § 1735f-7a, the state law limitations contained in this section shall apply. "Affiliated" means persons under the same ownership or management control. As to corporations, limited liability companies or partnerships, where common owners manage or control a majority of the stock, membership interests or general partnership interests of one or more such corporations, limited liability companies or partnerships, those persons shall be deemed affiliated. In addition, persons under the ownership or management control of the members of an immediate family shall be considered affiliated. For purposes of this section "immediate family" means mother, step mother, father, step father, sister, step sister, brother, step brother, spouse, child and grandchildren.

(e) Notwithstanding other provisions of this section, a delinquent or "late charge" may be charged on any installment made ten or more days after the regularly scheduled due date in accordance with section one hundred twelve or one hundred thirteen, article three, chapter forty-six-a of this code, whichever is applicable. The charge may be made only once on any one installment during the term of the primary or subordinate mortgage loan.

(f) Hazard insurance may be required by the lender, and other types of insurance may be offered, as provided in section one hundred nine, article three, chapter forty-six-a of this code. The charges for any insurance shall not exceed the standard rate approved by the insurance commissioner for such insurance. Proof of all insurance in connection with primary and subordinate mortgage loans subject to this article shall be furnished to the borrower within thirty days from and after the date of application therefor by said borrower.

(g) Except for fees for services provided by independent third parties for appraisals, inspections, title searches and credit reports, no application fee may be allowed whether or not mortgage loan is consummated; however, the borrower may be required to reimburse the lender for actual expenses incurred by the lender in a purchase money transaction after acceptance and approval of a mortgage loan proposal made in accordance with the provisions of this article which is not consummated because of:

(1) The borrower's willful failure to close said loan; or

(2) The borrower's false or fraudulent representation of a material fact which prevents closing of said loan as proposed.

(h) No licensee shall make, offer to make, accept or offer to accept, any primary or subordinate mortgage loan except on the terms and conditions authorized in this article.

(i) ….

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