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§ 12-114.1. Covered loans

West's Annotated Code of MarylandCommercial LawEffective: January 1, 2019

West's Annotated Code of Maryland
Commercial Law
Title 12. Credit Regulations
Subtitle 1. Interest and Usury (Refs & Annos)
Effective: January 1, 2019
MD Code, Commercial Law, § 12-114.1
§ 12-114.1. Covered loans
Currentness
(a)(1) In this section the following words have the meanings indicated.
(2)(i) “Covered loan” means a loan subject to § 12-103(a)(3) or (c) of this subtitle, made for personal, family, or household purposes, regardless of whether the loan is or purports to be made under this subtitle.
(ii) “Covered loan” does not include:
1. A loan or an advance of money or credit subject to Subtitle 3 of this title, unless a written election is made under § 12-101.1 of this subtitle;
2. A plan or loan for which a written election has been made under Subtitle 3, Subtitle 4, Subtitle 9, or Subtitle 10 of this title; or
3. An installment sale agreement as defined in § 12-601 of this title.
(3) “Unlicensed person” means a person who is not:
(i) Licensed in the State to make a covered loan; and
(ii) Exempt from licensing in the State.
(b) This section applies to a covered loan made to any person.
(c)(1) An unlicensed person may not make a covered loan.
(2) A person may not make a covered loan if the person directly or indirectly contracts for, charges, or receives a rate of interest, charge, discount, or other consideration that is greater than the amount authorized under State law.
(3) A person may not make a covered loan that violates the federal Military Lending Act.
(d)(1) A covered loan made by an unlicensed person is void and unenforceable.
(2)(i) Except as provided in subparagraph (ii) of this paragraph, a covered loan is void and unenforceable if a person contracts for a covered loan that has a rate of interest, charge, discount, or other consideration greater than the amount authorized under State law.
(ii) A covered loan is not void and unenforceable if:
1. A clerical error or mistake resulted in the rate of interest, charge, discount, or other consideration being greater than the amount authorized under State law; and
2. A person corrects the error or mistake before the first payment is due under the loan.
(3) A covered loan that violates the federal Military Lending Act is void and unenforceable.
(4) With respect to a loan that is void and unenforceable under this section, a person may not:
(i) Collect or attempt to collect, directly or indirectly, any amount from the borrower;
(ii) Enforce or attempt to enforce the contract against any property securing the loan; or
(iii) Sell, assign, or otherwise transfer the loan to another person.

Credits

Added by Acts 2018, c. 732, § 2, eff. Jan. 1, 2019; Acts 2018, c. 790, § 1, eff. Jan. 1, 2019.
MD Code, Commercial Law, § 12-114.1, MD COML § 12-114.1
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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