Maryland Statutes
Subtitle 1 - Interest and Usury
Section 12-116 - Refinancing of Loan at Higher Rate

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

Maryland Statutes

Commercial Law

Title 12 - Credit Regulations

Subtitle 1 - Interest and Usury

Section 12-101 - Definitions

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 - Penalties

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 12-122 - Violations

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