(a) (1) (i) In this section the following words have the meanings indicated.
(ii) “Flood insurance coverage” means flood insurance against losses caused by flooding that are covered under a policy issued by:
1. The federal government; or
2. An insurer.
(iii) “Improvements” means buildings or structures erected upon or affixed to real property that enhance the value of the real property.
(iv) “Property insurance coverage” means property insurance against losses caused by perils that commonly are covered in insurance policies described with terms similar to “standard fire” or “standard fire with extended coverage”.
(v) 1. “Replacement cost” means the amount needed to repair damage to or rebuild improvements on real property to restore the improvements to their pre-loss condition.
2. “Replacement cost” does not include the value of land.
(2) A lender may not require a borrower, as a condition to receiving or maintaining a loan secured by a first mortgage or first deed of trust, to provide or purchase property insurance coverage against risks to any improvements on any real property in an amount exceeding the replacement cost of the improvements on the real property.
(3) A lender may not require a borrower, as a condition to receiving or maintaining a loan secured by a first mortgage or first deed of trust, to provide or purchase flood insurance coverage in an amount exceeding the replacement cost of the improvements on the real property.
(4) In determining the replacement cost of the improvements on any real property, the lender may:
(i) Accept the value placed on the improvements by the insurer; or
(ii) Use the value placed on the improvements by the lender’s appraisal of the improvements.
(5) A lender may not require that the insurance be purchased through a particular insurance producer or insurance company.
(b) (1) A violation of this section shall entitle the borrower to:
(i) Seek an injunction to prohibit the lender who has engaged or is engaging in the violation from continuing or engaging in the violation;
(ii) Reasonable attorney’s fees; and
(iii) Damages directly resulting from the violation.
(2) A violation of this section does not affect the validity of the first mortgage or first deed of trust securing the loan.
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