<?xml version='1.0' encoding='utf-8'?>
<section article="gcl" article_name="Commercial Law" number="12-401" title_number="12" title_name="Credit Regulations" subtitle_number="4" subtitle_name="Secondary Mortgage Loans -- Credit Provisions">
  <level label="a">
    <text>In this subtitle the following words have the meanings indicated.</text>
  </level>
  <level label="b">
    <text>“Lender” means:</text>
    <level label="1">
      <text>A licensee; or</text>
    </level>
    <level label="2">
      <text>A person who makes a secondary mortgage loan but is exempt expressly from the licensing requirements of the Maryland Mortgage Lender Law.</text>
    </level>
  </level>
  <level label="c">
    <text>“Licensee” means a person who is required to be licensed under the Maryland Mortgage Lender Law, regardless of whether the person is actually licensed.</text>
  </level>
  <level label="d">
    <text>“Lien on real property” includes:</text>
    <level label="1">
      <text>A confessed judgment note or consent judgment required by a person who ordinarily requires such an instrument for the purpose of acquiring a lien on property described in subsection (i) of this section; and</text>
    </level>
    <level label="2">
      <text>A sale and leaseback required by a person for that purpose.</text>
    </level>
  </level>
  <level label="e">
    <text>“Loan” means a secondary mortgage loan.</text>
  </level>
  <level label="f">
    <text>“Net proceeds” means the difference between:</text>
    <level label="1">
      <text>The full amount of a secondary mortgage loan; and</text>
    </level>
    <level label="2">
      <text>The amount of interest taken in advance on the loan plus the amount of the loan origination fee.</text>
    </level>
  </level>
  <level label="g">
    <text>“Payment period” means the period scheduled by the terms of a loan to elapse between the days on which installment payments are required to be made on the loan.</text>
  </level>
  <level label="h">
    <text>“Person” includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.</text>
  </level>
  <level label="i">
    <level label="1">
      <text>“Secondary mortgage loan” means a loan or deferred purchase price secured in whole or in part by a mortgage, deed of trust, security agreement, or other lien on real property located in the State, which property:</text>
      <level label="i">
        <text>Is subject to the lien of one or more prior encumbrances, except a ground rent or other leasehold interest; and</text>
      </level>
      <level label="ii">
        <text>Has a dwelling on it designed principally as a residence with accommodations for not more than four families.</text>
      </level>
    </level>
    <level label="2">
      <text>“Secondary mortgage loan” does not include:</text>
      <level label="i">
        <text>A loan to any corporation unless the lender required the borrower to incorporate as a condition for obtaining the loan; or</text>
      </level>
      <level label="ii">
        <text>A commercial loan of more than $75,000, as defined in § 12–101(c) of this title.</text>
      </level>
    </level>
    <level label="3">
      <text>If a commercial loan of $75,000 or less is made in the name of an individual, secured by owner–occupied residential real property and not to a business or commercial organization, the mortgage lender, as defined by the provisions of § 11–501 of the Financial Institutions Article, shall document independent evidence that the borrower is seeking funds for a legitimate commercial enterprise before the lender grants any loan for that purpose. An affidavit is not by itself evidence of a commercial loan. However, if the borrower is seeking funds to start a business and has not yet incorporated or prepared documentation of proof of ownership of a commercial enterprise, an affidavit by itself is sufficient if it states the purpose for which the proceeds are to be used and the nature of the business conducted by the borrower.</text>
    </level>
  </level>
  <level label="j">
    <text>“Wages” means all remuneration paid to any employee for his employment, including the cash value of all remuneration paid in any medium other than cash.</text>
  </level>
</section>
