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§ 12-114. Penalties

MD Comm L Code § 12-114 (2019) (N/A)
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(a)    This section does not apply to a loan subject to § 12–114.1 of this subtitle.

(b)    (1)    Any person who violates the usury provisions of this subtitle shall forfeit to the borrower the greater of:

(i)    Three times the amount of interest and charges collected in excess of the interest and charges authorized by this subtitle; or

(ii)    The sum of $500.

(2)    A claim or plea of usury is not valid if, within 30 days from the date the loan contract was executed, the lender:

(i)    Notifies the borrower and any other party to the loan contract that the loan was usurious; and

(ii)    Agrees to modify it by substituting for the usurious rate of interest a legal rate of interest not exceeding the stated rate of interest.

(c)    Any person who violates the disclosure provisions of § 12–106(b) and (c) of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.

(d)    Even if a loan document is executed outside of the State, this section is applicable if the loan is made to a resident of Maryland and is secured by property located within the State.

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§ 12-114.1. Covered loan prohibitions