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Session Laws, 1990 Session
Volume 436, Page 3380   View pdf image (33K)
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VETOES

imposed on a consumer borrower in addition to interest or finance charges except for
actual and verifiable fees incurred by the credit grantor and not retained by the credit
grantor for the following:

(1) Attorney's fees for services rendered in connection with the
preparation, closing, or disbursement of the loan;

(2) Any expense, tax, or charge paid to a governmental agency;

(3) Examination of title, appraisal, or other costs necessary or appropriate
to the security of the loan; and

(4) Premiums for any insurance coverage permitted under this subtitle.

(c) If a plan is established for a consumer borrower, a fee or charge may not be
charged or collected unless the agreement concerning the plan permits the fee to be
charged.

(d) If a plan is established for a borrower other than a consumer borrower, the
borrower and credit grantor may agree upon any terms concerning charges and fees.

(e) For purposes of this section, the additional charges listed in subsections (a),
[and (b)] (B), AND (F) of this section are not interest or finance charges with respect
to a plan.

(F) (1) SUBJECT TO THE PROVISIONS OF PARAGRAPHS (2)
THROUGH (6) OF THIS SUBSECTION, A CREDIT GRANTOR OF AN OPEN
END CREDIT PLAN THAT IS SECURED BY A DEPOSIT, SAVINGS,
PASSBOOK, OR OTHER SIMILAR ACCOUNT OR CERTIFICATE OF DEPOSIT
MAY IMPOSE:

(I) AN APPLICATION FEE NOT TO EXCEED $35; AND

(II) AN ANNUAL CHARGE NOT TO EXCEED $35 FOR THE
PRIVILEGES MADE AVAILABLE TO THE CONSUMER BORROWER UNDER
THE PLAN.

(2) IF AN APPLICATION TO THE PLAN IS APPROVED, THE
CREDIT GRANTOR SHALL CREDIT THE APPLICATION FEE:

(I) TO THE INITIAL ANNUAL CHARGE; AND

(II) IF THERE IS NO ANNUAL CHARGE, TO THE INTEREST
OR FINANCE CHARGES UNDER THE PLAN.

(3) IF AN APPLICATION TO THE PLAN IS REJECTED, THE
CREDIT GRANTOR SHALL RETURN THE APPLICATION FEE TO THE
APPLICANT.

(11 WITHIN 45 DAYS AFTER THE RECEIPT OF THE
APPLICATION, THE CREDIT GRANTOR SHALL:

(I) ACCEPT THE APPLICATION; OR

- 3378 -


 

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Session Laws, 1990 Session
Volume 436, Page 3380   View pdf image (33K)
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