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<section article="gcl" article_name="Commercial Law" number="12-407" title_number="12" title_name="Credit Regulations" subtitle_number="4" subtitle_name="Secondary Mortgage Loans -- Credit Provisions">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Commissioner” has the meaning stated in § 12–301(b) of this article.</text>
    </level>
    <level label="3">
      <text>“Cost of the loan” means the total amount of:</text>
      <level label="i">
        <text>As nearly as the same can be determined, the charges payable by the borrower for the loan under §§ 12–405(a) and (b) and 12–410 of this subtitle; and</text>
      </level>
      <level label="ii">
        <text>The interest which will be charged if the loan is carried to maturity.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>At the time a loan is made, the lender shall deliver to the borrower a statement in a form required by the Commissioner that complies with § 12–106(b) of this title.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>Except as provided in paragraph (2) of this subsection, at the time a lender receives a payment on account of a loan, the lender shall give to the borrower a plain and complete receipt for the payment.</text>
    </level>
    <level label="2">
      <text>If the payment is made by personal check, money order, cashier’s check, or treasurer’s check, the lender need give a receipt to the borrower only on the request of the borrower.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>A lender shall permit a borrower to prepay a loan in full or in part at any time, without penalty.</text>
    </level>
    <level label="2">
      <text>If a borrower prepays a loan in full, he shall receive a refund credit for the interest taken in advance. The amount of the refund shall be calculated in accordance with subsection (f) of this section.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>After full repayment of a loan, the lender shall:</text>
      <level label="i">
        <text>Indelibly mark with the word “paid” or “canceled” and return each note or other paper signed by the borrower; and</text>
      </level>
      <level label="ii">
        <text>Release the mortgage, deed of trust, security agreement, or other lien.</text>
      </level>
    </level>
    <level label="2">
      <text>The lender shall prepare the release of the mortgage, deed of trust, security agreement, or other lien at his own expense.</text>
    </level>
  </level>
  <level label="f">
    <text>If interest charged pursuant to this subtitle in respect of a loan to a borrower has been precomputed, then, in the event of prepayment of the entire loan, the lender shall refund or credit to the borrower the unearned portion of the precomputed interest charge. This refund or credit shall be in an amount not less than the amount which would be refunded or credited if the unearned precomputed interest charge were calculated in accordance with the actuarial method, except that the borrower may not be entitled to a refund or credit of less than $5. The unearned portion of the precomputed interest charge is, at the option of the lender, either:</text>
    <level label="1">
      <text>That portion of the precomputed interest charge which is allocable to all originally scheduled, or, if deferred, all deferred payment periods, or portions of payment periods, ending subsequent to the date of prepayment. The unearned precomputed interest charge is the total of that which would have been earned for each period, or portion of a period, had the loan not been precomputed, by applying to the unpaid balances of principal, according to the actuarial method, an annual percentage rate based on the precomputed interest charges, assuming that all payments were made as scheduled, or as deferred, if deferred. The lender, at its option, may round this annual percentage rate to the nearest 1/4 of 1 percent; or</text>
    </level>
    <level label="2">
      <text>The total precomputed interest charge less the earned precomputed interest charge. The earned precomputed interest charge shall be determined by applying an annual percentage rate based on the total precomputed interest charge, under the actuarial method, to the unpaid balances for the actual time those balances were unpaid up to the date of prepayment.</text>
    </level>
  </level>
</section>
