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Home » US Law » 2022 Maryland Statutes » Commercial Law » Title 12 - Credit Regulations » Subtitle 10 - Credit Grantor Closed End Credit Provisions

Section 12-1001 – Definitions

    (a)    In this subtitle the following words have the meanings indicated.     (b)    (1)    “Balloon payment” means any scheduled payment on an installment loan that is more than 2 times the average of all other payments scheduled to repay the installment loan.         (2)    “Balloon payment” does not include a down payment.     (c)    “Borrower” means a corporation, partnership, association, government, or governmental […]

Section 12-1002 – Authorized Extensions of Credit

    (a)    Any credit grantor may, subject to the other provisions of this subtitle, offer and extend closed end credit to a borrower.     (b)    In connection with closed end credit offered and extended under this subtitle, a credit grantor may charge and collect the interest and other charges permitted by this subtitle and may take any security as […]

Section 12-1003 – Interest; Balloon Payments

    (a)    A credit grantor may charge and collect interest on a loan at any daily, weekly, monthly, annual, or other periodic percentage rate as the agreement, the note, or other evidence of the loan provides if the effective rate of simple interest is not in excess of 24 percent per year. The rate of interest chargeable […]

Section 12-1004 – Variation in Periodic Percentage Rate

    (a)    If the agreement, note, or other evidence of the loan permits, the periodic percentage rate of interest charged and collected on the loan may, if the interest is not precomputed, vary in accordance with an index that is made readily available to and verifiable by the borrower and is beyond the control of the credit […]

Section 12-1005 – Additional Fees and Charges

    In addition to interest at a periodic percentage rate or rates permitted by §§ 12-1003 and 12-1004 of this subtitle, a credit grantor may charge and collect:     (a)    (1)    Subject to the limitations in this section, loan fees, points, finder’s fees, and other charges; however, all such charges, when combined with any finder’s fee imposed by a […]

Section 12-1006 – Deferral of Scheduled Payments; Deferral Charges; Insurance Premiums

    A credit grantor may at any time permit a borrower to defer scheduled payments of a loan and may, in connection with the deferral and by agreement of the credit grantor and borrower:         (1)    Charge and collect deferral charges; and         (2)    Require payment by the borrower of the additional cost to the credit grantor of premiums for […]

Section 12-1007 – Insurance Generally

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Covered loan” means a mortgage loan made under this subtitle that meets the criteria for a loan subject to the federal Home Ownership and Equity Protection Act set forth in 15 U.S.C. § 1602(bb), as modified from time to time by Regulation Z, 12 C.F.R. […]

Section 12-1007.1 – Insurance Binders

    (a)    In this section, “binder” means a binder or other temporary contract of insurance as provided under § 12-106 of the Insurance Article.     (b)    A credit grantor shall comply with this section if the credit grantor:         (1)    Makes any loan secured by a first lien on any interest in owner-occupied residential real property; and         (2)    As a condition of […]

Section 12-1008 – Charges for Default or Delinquency

    (a)    If the agreement governing a loan permits, a credit grantor may:         (1)    For a nonconsumer borrower, charge a higher periodic percentage rate or rates of interest on the amount of outstanding unpaid payments or portions of payments under the loan which are in default; and         (2)    For any borrower, impose:             (i)    A late or delinquency charge on payment […]

Section 12-1009 – Prepayment

    (a)    A consumer borrower may prepay a loan in full at any time.     (b)    If interest charged pursuant to § 12–1003 of this subtitle in respect of a loan to a consumer borrower has been precomputed, then, in the event of prepayment of the entire loan, the credit grantor shall refund or credit to the borrower the […]

Section 12-1010 – Refinancing

    (a)    Except as provided under subsection (c) of this section, a consumer borrower may, with the consent of the credit grantor, refinance the entire outstanding and unpaid amount of a loan, and the credit grantor may charge and collect a refinancing charge in connection with any refinancing in an amount agreed to by the credit grantor […]

Section 12-1011 – Attorney’s Fees; Court and Other Collection Costs

    (a)    If a consumer borrower defaults under the terms of a loan and the credit grantor refers the borrower’s account to an attorney who is not a salaried employee of the credit grantor for collection, the credit grantor may, if the agreement, note, or other evidence of the loan permits, charge and collect from the borrower […]

Section 12-1012 – Permitted Transactions and Charges

    (a)    (1)    This subtitle does not prohibit a credit grantor from including in the loan amount the cost to the borrower of a mechanical repair contract sold in connection with a motor vehicle, provided that the cost of the mechanical repair contract is separately itemized in the financing agreement.         (2)    The cost of a mechanical repair contract sold […]

Section 12-1013 – Applicability of Other Laws

    (a)    Unless otherwise provided under the express terms of the agreement, note, or other evidence of the extension of closed end credit, the provisions of Subtitle 1, 3, 4, 5, 6, or 9 of this title do not apply to an extension of closed end credit if:         (1)    The agreement, note, or other evidence of the extension […]

Section 12-1013.1 – General Provisions

    (a)    (1)    On or after October 1, 1993, a credit grantor may at its option elect to make a loan to any borrower either pursuant to this subtitle or as otherwise permitted by applicable law.         (2)    In order to make a loan under this subtitle, a credit grantor shall make a written election to that effect in the […]

Section 12-1013.2 – Delivery of Agreement, Note, or Other Evidence of Loan

    (a)    (1)    Except as provided under paragraph (2) of this subsection, the credit grantor shall deliver a copy of the agreement, note, or other evidence of the loan to the borrower no later than the time of consummation of the loan.         (2)    If consummation of the loan does not occur in a face-to-face transaction between the credit grantor […]

Section 12-1014 – General Provisions

    (a)    If any provision of this subtitle is held invalid, such invalidity shall not affect any other provisions of this subtitle which can be given effect without the invalid provision.     (b)    Notwithstanding any provisions of this title, a loan under this subtitle is subject only to the disclosure requirements of this subtitle, and, to the extent applicable, […]

Section 12-1015 – Applicability of Certain Provisions of Financial Institutions Article; License to Be Issued by Commissioner of Financial Regulation

    (a)    A credit grantor making a loan or an extension of credit under this subtitle is subject to the licensing, investigatory, enforcement and penalty provisions of Title 11, Subtitle 3 of the Financial Institutions Article unless the credit grantor or the loan or extension of credit is exempt under Title 11, Subtitle 3 of the Financial […]

Section 12-1016 – Complaint Procedure

    (a)    If a written complaint for violation of any provision of this subtitle, including the disclosure requirements of this subtitle and the federal Truth in Lending Act and regulations promulgated thereunder, or any other law of this State that regulates loans or other extensions of credit is filed with the Commissioner of Financial Regulation, the Commissioner […]

Section 12-1017 – Criminal Penalties

    Any credit grantor or his officer or employee who willfully violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year, or both.