(a) (1) On or after January 1, 2019, a lender may, at the lender’s option, elect to make a loan to any borrower either under this subtitle or as otherwise authorized by applicable law.
(2) In order to make a loan under this subtitle, a lender shall make a written election in the agreement, note, or other evidence of the loan specifying that this subtitle will govern the loan.
(b) (1) If a lender elects to make a loan under this subtitle in accordance with this section, Subtitles 1, 3, 9, and 10 of this title do not apply to the loan.
(2) If a lender who makes or contracts to make a loan does not make a written election under this subtitle or Subtitle 1, Subtitle 3, Subtitle 9, or Subtitle 10 of this title:
(i) Subtitle 1 of this title will apply to the loan if the loan is:
1. For an amount over $25,000; or
2. A. For an amount of $25,000 or less; and
B. Not subject to Subtitle 3 of this title; or
(ii) Subtitle 3 of this title will apply to the loan if the loan is:
1. For an amount of $25,000 or less; and
2. Subject to Subtitle 3 of this title.
Structure Maryland Statutes
Subtitle 4 - Secondary Mortgage Loans -- Credit Provisions
Section 12-402 - License Required Unless Exempt
Section 12-402.1 - Applicable Provisions Governing Loans
Section 12-403 - False Advertising
Section 12-403.1 - Discrimination Prohibited
Section 12-404 - Amount of Loan; Interest; Payment in Installments
Section 12-404.1 - Fees, Discounts, Points, etc., Permitted by Mortgage Purchase Programs
Section 12-405 - Permitted Charges
Section 12-406 - Restrictions on Payment of Commissions, Finder's Fees, and Points
Section 12-407 - Duties of Lender
Section 12-409 - Prohibited Provisions in Instruments Which Evidence or Secure Loan
Section 12-409.1 - Home Buyer's Equity Protection
Section 12-411 - Prohibited Charges
Section 12-412 - Lender to Comply With Subtitle
Section 12-413 - Civil Penalties