ยง 5-511. Usurious contracts void. 1. All bonds, bills, notes,
assurances, conveyances, all other contracts or securities whatsoever,
except bottomry and respondentia bonds and contracts, and all deposits
of goods or other things whatsoever, whereupon or whereby there shall be
reserved or taken, or secured or agreed to be reserved or taken, any
greater sum, or greater value, for the loan or forbearance of any money,
goods or other things in action, than is prescribed in section 5-501,
shall be void, except that the knowingly taking, receiving, reserving or
charging such a greater sum or greater value by a savings bank, a
savings and loan association or a federal savings and loan association
shall only be held and adjudged a forfeiture of the entire interest
which the loan or obligation carries with it or which has been agreed to
be paid thereon. If a greater sum or greater value has been paid, the
person paying the same or his legal representative may recover from the
savings bank, the savings and loan association or the federal savings
and loan association twice the entire amount of the interest thus paid.
2. Except as provided in subdivision one, whenever it shall
satisfactorily appear by the admissions of the defendant, or by proof,
that any bond, bill, note, assurance, pledge, conveyance, contract,
security or any evidence of debt, has been taken or received in
violation of the foregoing provisions, the court shall declare the same
to be void, and enjoin any prosecution thereon, and order the same to be
surrendered and cancelled.
Structure New York Laws
Article 5 - Creation, Definition and Enforcement of Contractual Obligations
Title 5 - Interest and Usury; Brokerage on Loans
5-501 - Rate of Interest; Usury Forbidden.
5-511 - Usurious Contracts Void.
5-515 - Borrower Bringing an Action Need Not Offer to Repay.
5-517 - Transfer of Cause of Action for Usury.
5-519 - Return of Excess a Bar to Further Penalties.
5-521 - Corporations Prohibited From Interposing Defense of Usury.
5-523 - Interest Permitted on Advances on Collateral Security.
5-524 - Taking Security Upon Certain Property for Usurious Loans.
5-525 - Interest Charged by a Registered Broker or Dealer for Carrying Debit Balances.
5-526 - Interest on Secured Loans or Forbearances.
5-527 - Enforceability of Compound Interest.
5-531 - Brokerage on Loans; Recovery of Excess; Effect of Restitution.