Maryland Code § CL-12-1023

Section CL-12-1023
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(a) This section applies only to a loan made by a credit grantor under this
subtitle to a consumer borrower.
(b) (1) Paragraph (2) of this subsection applies only to a loan or an
extension of credit primarily for personal, household, or family purposes.
(2) An agreement, note, or other evidence of a loan may not contain:
(i) An assignment or order for the payment of wages, whether
earned or to be earned, or of any chose in action covering lost wages;
(ii) An acceleration clause under which any part or all of the
unpaid balance of the loan not yet matured may be declared due and payable because
the credit grantor deems itself insecure;
(iii) A confession of judgment or any power of attorney
authorizing the credit grantor to appear in court to confess judgment against the

borrower or a surety or guarantor of the borrower, or any other waiver of the right to
notice and an opportunity to be heard in the event of suit or process thereon; or
(iv) A provision by which a person acting on behalf of a holder
of the agreement, note, or other evidence of the loan is treated as an agent of the
borrower in connection with its formation or execution.
(3) Except as expressly allowed by law, an agreement, note, or other
evidence of a loan may not contain a provision by which the borrower waives any
right accruing to the borrower under this subtitle.
(4) (i) Any clause or provision in an agreement, note, or other
evidence of a loan that is in violation of this subsection shall be unenforceable.
(ii) Subject to subparagraph (iii) of this paragraph, the
penalties set out under §§ 12-1017 and 12-1018 of this subtitle do not apply unless
the credit grantor attempts to enforce a provision prohibited under this subsection.
(iii) The penalties set out under §§ 12-1017 and 12-1018 of this
subtitle do not apply to the enforcement by a credit grantor of a provision otherwise
prohibited under this subsection where the enforcement was initiated by the credit
grantor prior to October 1, 1993.
(c) Unless a borrower has notice of an assignment of an agreement, note, or
other evidence of a loan, any payments made by the borrower to the last known holder
of the agreement, note, or other evidence of the loan shall discharge the borrower's
obligation to the extent of the payments.
(d) Upon receipt of a cash payment from a borrower, a credit grantor shall
give the borrower a written receipt for the payment.

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