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<section article="gcl" article_name="Commercial Law" number="12-115" title_number="12" title_name="Credit Regulations" subtitle_number="1" subtitle_name="Interest and Usury">
  <level label="a">
    <text>With respect to any loan made at a rate of interest pursuant to § 12–103(a) and (c) of this subtitle or § 12–306 of this title:</text>
    <level label="1">
      <text>A lender may repossess goods securing a loan under an agreement if the borrower is in default in:</text>
      <level label="i">
        <text>The payment of any sum due under the agreement;</text>
      </level>
      <level label="ii">
        <text>The performance of any other condition which the agreement lawfully requires him to perform in order to obtain unencumbered title to the goods; or</text>
      </level>
      <level label="iii">
        <text>The performance of any promise the breach of which is expressly made a ground for repossessing the goods; and</text>
      </level>
    </level>
    <level label="2">
      <text>The lender may repossess goods only by:</text>
      <level label="i">
        <text>Legal process; or</text>
      </level>
      <level label="ii">
        <text>Self–help, without use of force.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>Nothing in this section authorizes a violation of criminal law.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>Except as provided in paragraph (2) of this subsection, at least 10 days before a lender repossesses any goods, a lender may serve a written notice on the borrower of the lender’s intention to repossess the goods.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>Except as provided in subparagraph (ii) of this paragraph, at least 30 days before a lender repossesses a mobile home that is primarily for personal, family, or household use, the lender shall serve on the borrower a written notice of the lender’s intention to repossess the mobile home.</text>
      </level>
      <level label="ii">
        <text>The notice required under subparagraph (i) of this paragraph may be served by the lender less than 30 days before repossession if:</text>
        <level label="1">
          <text>The mobile home:</text>
        </level>
        <level label="A">
          <text>Is vacant and abandoned, based on a determination by the lender that at least three of the circumstances listed in § 7–105.18(d) of the Real Property Article have been met; or</text>
        </level>
        <level label="B">
          <text>Has been voluntarily surrendered by the borrower to the lender; and</text>
        </level>
        <level label="2">
          <text>The notice is accompanied by a certification from the lender identifying the circumstances demonstrating that the mobile home is vacant and abandoned or that the mobile home has been surrendered.</text>
        </level>
      </level>
    </level>
    <level label="3">
      <text>The notice shall:</text>
      <level label="i">
        <text>State the default and any period at the end of which the goods will be repossessed; and</text>
      </level>
      <level label="ii">
        <text>Briefly state the rights of the borrower in case the goods are repossessed.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>The notice may be delivered to the borrower personally or sent to the borrower’s last known address by registered or certified mail.</text>
  </level>
  <level label="e">
    <text>Within 5 days after he repossesses the goods, the lender shall deliver to the borrower personally or send to him at his last known address by registered or certified mail, a written notice which briefly states:</text>
    <level label="1">
      <text>The right of the borrower to redeem the goods, and the amount payable for them;</text>
    </level>
    <level label="2">
      <text>The rights of the borrower as to a resale, and his liability for a deficiency; and</text>
    </level>
    <level label="3">
      <text>The exact location where the goods are stored and the address where any payment is to be made or notice delivered.</text>
    </level>
  </level>
  <level label="f">
    <text>For 15 days after the lender gives the notice required by subsection (e) of this section, the lender shall retain any repossessed goods.</text>
  </level>
  <level label="g">
    <text>During the period provided for in subsection (f) of this section, the borrower may:</text>
    <level label="1">
      <text>Redeem and take possession of the goods; and</text>
    </level>
    <level label="2">
      <text>Resume the performance of the agreement.</text>
    </level>
  </level>
  <level label="h">
    <text>To redeem the goods, the borrower shall:</text>
    <level label="1">
      <text>Tender the amount due under the agreement at the time of redemption, without giving effect to any provision which allows acceleration of any installment otherwise payable after that time;</text>
    </level>
    <level label="2">
      <text>Tender performance of any other promise for the breach of which the goods were repossessed; and</text>
    </level>
    <level label="3">
      <text>If the discretionary notice provided for in subsection (c) of this section was given, pay the actual and reasonable expenses of retaking and storing the goods.</text>
    </level>
  </level>
  <level label="i">
    <text>This section does not apply if the borrower was guilty of fraudulent conduct, intentionally and wrongfully concealed, removed, damaged, or destroyed the goods, or attempted to do so, and the goods were repossessed because of that conduct.</text>
  </level>
  <level label="j">
    <level label="1">
      <text>The lender shall sell the repossessed goods at private sale (subject to the provisions of paragraph (2) of this subsection) or at public auction. At least 10 days before the sale, the lender shall notify the borrower in writing sent by certified mail, return receipt requested, sent to the borrower’s last known address of the time and place of sale. Any sale of repossessed property must be accomplished in a commercially reasonable manner.</text>
    </level>
    <level label="2">
      <text>In all cases of a private sale of repossessed goods under this section, a full accounting shall be made to the borrower in writing and the seller shall retain a copy of this accounting for at least 24 months. This accounting shall contain the following information:</text>
      <level label="i">
        <text>The unpaid balance at the time the goods were repossessed;</text>
      </level>
      <level label="ii">
        <text>The refund credit of unearned finance charges and insurance premiums, if any;</text>
      </level>
      <level label="iii">
        <text>The remaining net balance;</text>
      </level>
      <level label="iv">
        <text>The proceeds of the sale of the goods;</text>
      </level>
      <level label="v">
        <text>The remaining deficiency balance, if any, or the amount due the buyer;</text>
      </level>
      <level label="vi">
        <text>All expenses incurred as a result of the sale;</text>
      </level>
      <level label="vii">
        <text>The purchaser’s name, address, and business;</text>
      </level>
      <level label="viii">
        <text>The number of bids sought and received; and</text>
      </level>
      <level label="ix">
        <text>Any statement as to the condition of the goods at the time of repossession which would cause their value to be increased or decreased above or below the market value for goods of like kind and quality.</text>
      </level>
    </level>
    <level label="3">
      <text>The Commissioner of Financial Regulation may make a determination concerning any private sale that the sale was not accomplished in a commercially reasonable manner. Upon that determination, the Commissioner may enter an order disallowing any claim for a deficiency balance.</text>
    </level>
  </level>
  <level label="k">
    <level label="1">
      <text>The provisions of this subsection apply to a public sale of goods which secured a loan in excess of $2,000 at the time the loan was made.</text>
    </level>
    <level label="2">
      <text>The proceeds of a sale to which this subsection applies shall be applied, in the following order, to:</text>
      <level label="i">
        <text>The actual and reasonable cost of the sale;</text>
      </level>
      <level label="ii">
        <text>The actual and reasonable cost of retaking and storing the goods; and</text>
      </level>
      <level label="iii">
        <text>The unpaid balance owing under the agreement at the time the goods are repossessed.</text>
      </level>
    </level>
    <level label="3">
      <text>The lender shall furnish to the buyer a written statement which shows the distribution of the proceeds.</text>
    </level>
    <level label="4">
      <text>If the provisions of this section, including the requirement of furnishing a notice following repossession, are not followed, the lender shall not be entitled to any deficiency judgment to which he would be entitled under the loan agreement.</text>
    </level>
  </level>
  <level label="l">
    <text>If there is no resale of repossessed goods, all obligations of the borrower under the agreement shall be discharged, and the holder may retain the goods as his own property without obligation to account to the buyer.</text>
  </level>
</section>
