(a) This section does not apply to a loan subject to § 12–114.1 of this subtitle.
(b) (1) Any person who violates the usury provisions of this subtitle shall forfeit to the borrower the greater of:
(i) Three times the amount of interest and charges collected in excess of the interest and charges authorized by this subtitle; or
(ii) The sum of $500.
(2) A claim or plea of usury is not valid if, within 30 days from the date the loan contract was executed, the lender:
(i) Notifies the borrower and any other party to the loan contract that the loan was usurious; and
(ii) Agrees to modify it by substituting for the usurious rate of interest a legal rate of interest not exceeding the stated rate of interest.
(c) Any person who violates the disclosure provisions of § 12–106(b) and (c) 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.
(d) Even if a loan document is executed outside of the State, this section is applicable if the loan is made to a resident of Maryland and is secured by property located within the State.
Structure Maryland Statutes
Subtitle 1 - Interest and Usury
Section 12-101.1 - Applicable Provisions Governing Loans
Section 12-102 - General Legal Rate of Interest
Section 12-103 - Other Permitted Rates of Interest; Licensing Requirements
Section 12-104 - Interest Not Considered Usurious
Section 12-105 - Charges Not Considered Interest
Section 12-106 - Statements to Be Furnished by Lender
Section 12-106.1 - Requiring False Statement That Loan Is Commercial Loan
Section 12-107 - Computing Interest Rate if Charge Assessed at Inception of Loan
Section 12-108 - Points Prohibited; Exceptions; Charges Which Lenders May Impose
Section 12-109 - Interest on Escrow Accounts; Statement of Balance
Section 12-109.1 - Use of Escrow Account Funds for Certain Purposes Prohibited
Section 12-109.2 - Management of Escrow Accounts; Lender's Bankruptcy; Fees and Charges
Section 12-110 - Effect of Assignment on Usurious Loan or Contract
Section 12-111 - Limitation of Actions
Section 12-112 - Usury Not Available Against Bona Fide Assignee
Section 12-113 - Discrimination Prohibited
Section 12-114.1 - Covered Loan Prohibitions
Section 12-115 - Repossession of Goods Securing Loan
Section 12-116 - Refinancing of Loan at Higher Rate
Section 12-117 - Compliance With 14-1302
Section 12-118 - Change in Rate of Interest or Finance Charge During Term of Obligation
Section 12-119 - Real Property Closing Costs
Section 12-120 - When Borrower Required to Pay for Services of Lender's Attorney
Section 12-121 - Lender's Inspection Fees
Section 12-123 - Insurance Binders
Section 12-124 - Property Insurance Coverage
Section 12-124.1 - Homeowner Equity Protection
Section 12-125 - Financing Agreements
Section 12-126 - Prepayment of Outstanding Unpaid Indebtedness
Section 12-127 - Lender to Consider Homeowner's Ability to Repay Loan