§ 6-26-4. Usurious contracts — Penalty.
(a) Every contract made in violation of any of the provisions of § 6-26-2, and every mortgage, pledge, deposit, or assignment made or given as security for
the performance of the contract, shall be usurious and void.
(b) Nothing contained in this section shall affect the rights of an endorsee or transferee
of a negotiable instrument who purchases the instrument before maturity, for value,
and without notice of its usurious character.
(c) Nothing contained in this section shall affect the rights, duties or liabilities of
any persons
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§ 6-26-4. Usurious contracts — Penalty.
(a) Every contract made in violation of any of the provisions of § 6-26-2, and every mortgage, pledge, deposit, or assignment made or given as security for
the performance of the contract, shall be usurious and void.
(b) Nothing contained in this section shall affect the rights of an endorsee or transferee
of a negotiable instrument who purchases the instrument before maturity, for value,
and without notice of its usurious character.
(c) Nothing contained in this section shall affect the rights, duties or liabilities of
any persons acting under the provisions of title 19, and if the borrower shall, either
before or after suit, make any payment on the contract, either of principal or interest,
or of any part of either, and whether to the lender or to any assignee, endorsee,
or transferee of the contract, the borrower shall be entitled to recover from the
lender the amount so paid in an action of the case. Receipts shall be given whenever
payments are made of either principal or interest.
(d) The provisions previously stated in this section shall not apply to any financial
institution and its subsidiaries, credit union, or bank holding company and its subsidiaries,
organized under the laws of the state; any other entity regulated by the department
of business regulation; a national bank and its subsidiaries; federal savings and
loan association or federal credit union; or a bank, company, or association collectively
and individually referred to as a regulated financial institution. In the event a
regulated financial institution knowingly contracts or charges a usurious rate of
interest in violation of any of the provisions of § 6-26-2, it shall forfeit the entire interest on the debt. In case the usurious rate of interest
has been paid, the person by whom it has been paid, or his or her legal representative,
may recover from the regulated financial institution in an action in the nature of
an action on the debt, twice the amount of the interest so paid, provided that the
action is commenced within two (2) years from the time the usurious transaction occurred.