§ 12-402.1

Maryland § 12-402.1

• Jurisdiction: Maryland
• Article gcl: Commercial Law
• Title: 12

Text

(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.