Current with changes from the 2024 Legislative Session
Section 12-407.1 - Form for secondary mortgage loan; required statements; charges permissible under Section 12-404.1; compliance with Section 12-401(i)(3)(a) The Commissioner shall develop and prepare a form that each lender shall furnish to an applicant for a secondary mortgage loan. The form shall state the following: (1) The purpose for which the loan is to be used;(2) A disclosure that, if the loan is for a commercial purpose, the borrower shall forfeit certain rights.(b) The form shall state that the forfeiture of rights includes: (1) The borrower's right to pay a loan origination fee that, when combined with any finder's fee imposed by a mortgage broker under § 12-804 of this title, does not exceed the greater of:(i) $500 or 10 percent of the net proceeds of a commercial loan of $75,000 or less made under this subtitle; or(ii) $250 or 10 percent of the net proceeds of any other loan made under this subtitle;(2) The borrower's right not to pay any other commission, finder's fees, or points for obtaining, procuring, or placing a loan; and(3) The borrower's right not to pay an interest rate greater than 24 percent.(c) This section does not prevent a lender from imposing fees, discounts, points, or other charges whenever permitted under § 12-404.1 of this subtitle concerning mortgage loan programs of state and federal agencies.(d) Compliance with the provisions of this section does not relieve the lender or mortgage broker from the provisions of § 12-401(i)(3) of this subtitle.