Any loan made before July 1, 1982, which is refinanced at a higher rate pursuant to § 12–103(a) and (c) of this subtitle or § 12–306 or § 12–404 of this title must comply with the following requirements:
(1) The lender must give the following disclosures in writing to the borrower prior to the execution by the borrower of the new loan agreement:
If you do agree to consolidate your existing loan, you will be paying an annual percentage rate of . . . . .% on the existing net balance of $. . . ., instead of the rate of . . . . . .% which you are now paying.
Schedule of Monthly Payments
Separate loan agreements
Consolidated loan agreement
$ . . . . per month for
$ . . . . per month for
the next . . . .months
the next . . . .months
then
$ . . . . per month for
. . . . months after that
Total of Payments
Separate loan agreements
Consolidated loan agreement
$ . . . . total of payments
$ . . . . total of payments
for your existing loan
for your consolidated
. . . . for your new loan
loan
total of payments
(2) The lender must allow the borrower the choice of repaying his existing loan balance at the originally agreed upon rate and obtaining any additional extension of credit as a separate loan, notwithstanding any law which limits the lender’s ability to make more than 1 loan to the same borrower;
(3) The lender must refund or credit to the borrower’s account any unearned interest and any returned insurance premiums upon the cancellation of insurance sold in connection with the loan;
(4) Except in the case of a demand loan, a loan may be refinanced only upon the borrower’s request;
(5) The lender must allow the borrower the right to cancel the consolidated loan agreement within 3 business days. The lender shall provide to the borrower conspicuous notice of the provisions of this subsection; and
(6) Nothing in this subsection shall prohibit the receipt of the loan proceeds by the borrower at the time the consolidated loan agreement is made. The borrower must return any loan proceeds received pursuant to the consolidated loan agreement if he elects to cancel the consolidated loan agreement pursuant to subsection (5) of this section. The borrower may retain the loan proceeds if he elects the separate loan option pursuant to subsection (2) of this section.
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