<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".02" citation="COMAR 09.03.15.02" title_num="09" subtitle_num="03" chapter_num="15" heading="Required Disclosures.">
  <paragraph num="A.">
    <text>Financing Agreements and Commitments.</text>
    <paragraph num="(1)">
      <text>In addition to providing any other disclosures required by Commercial Law Article, Title 12, Subtitles 9 and 10, Annotated Code of Maryland, a lender receiving an application for a shared appreciation agreement shall, regardless of lien position, provide a borrower with a financing agreement.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The lender shall satisfy the requirement to provide a financing agreement for a mortgage loan made under a shared appreciation agreement in the following manner:</text>
      <paragraph num="(a)">
        <text>By providing the disclosure form found in Appendix A of this chapter, or a substantially similar form, within 10 business days after the date an application for a shared appreciation agreement is completed; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>By calculating the annualized cost based on the term in each scenario within the form in Appendix A of this chapter using the method prescribed in 12 CFR Part 1026 Appendix J for calculating an annual percentage rate.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>If the terms of the disclosure provided by the lender under §A(2) of this regulation are subject to change, a lender offering a shared appreciation agreement, regardless of lien position, shall provide a borrower with a commitment.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The lender shall satisfy the requirement to provide a commitment for a mortgage loan made under a shared appreciation agreement in the following manner:</text>
      <paragraph num="(a)">
        <text>By providing the disclosure form found in Appendix A of this chapter, or a substantially similar form, with a statement that the terms therein are not subject to change, at least 72 hours before the settlement time agreed to by both parties; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>By calculating the annualized cost based on the term in each scenario within the form in Appendix A of this chapter using the method prescribed in 12 CFR Part 1026 Appendix J for calculating an annual percentage rate.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Compliance with Disclosures in Appendix A of this Chapter.</text>
    <paragraph num="(1)">
      <text>A form will be considered substantially similar to the one in Appendix A of this chapter if it includes all information provided in Appendix A of this chapter.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A lender shall disclose the following information regarding the estimated fair market value of the property:</text>
      <paragraph num="(a)">
        <text>The method used to calculate the estimated fair market value;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The amount, if any, by which the lender is discounting the estimated fair market value in establishing the property’s initial value;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The estimated fair market value of the property and any discount applied to that value in determining the starting value; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The potential impact of that discount on their repayment amount.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Compliance with Applicable Law. Compliance with this regulation shall constitute compliance with any requirements under Commercial Law Article, §12-922 or 12-1022, Annotated Code of Maryland, to provide a financing agreement or a commitment.</text>
  </paragraph>
</regulation>