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Session Laws, 1967
Volume 681, Page 791   View pdf image (33K)
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SPIRO T. AGNEW, Governor                        791

(b)  Give to the borrower a plain and complete receipt for every
payment made on account of any such loan at the time such pay-
ment is made, unless made by personal check in which event such
receipt need be given only upon demand.

(c)   Upon repayment of the loan in full, mark indelibly every
paper signed by the borrower with the word "paid" or "cancelled,"
release the mortgage, deed of trust or any other lien and cancel and
return any note and such release shall be prepared at the expense
of the licensee.

66.

Any borrower may satisfy in full at any time before maturity the
amount of any balance to become due on any secondary mortgage
obligation, and in so satisfying any such debt shall receive a refund
credit on account of the interest taken in advance. The amount of
the refund shall represent at least as great a proportion of the total
charges, including interest, as the sum of the periodical time balance
after the date of prepayment bears to the sum of all the periodical
time balances under the schedule of any payments in the original
contract.

67.

It shall be unlawful for any person to cause to be placed before the
public in this State, directly or indirectly, any false or misleading
advertising matter pertaining to secondary mortgage loans or the
availability thereof; provided, however, that this section shall not
apply to the owner, publisher, operator or employees of any publica-
tion or radio or television station which disseminates such adver-
tising matter without knowledge of the false or misleading character
thereof.

68.

Any licensee and any officer or employee of a licensee or any
person, who shall wilfully violate any of the provisions of this sub-
title shall be guilty of a misdemeanor, and upon conviction thereof
shall be punishable by a fine of not more than one thousand dollars
($1,000.00), or by imprisonment of not more than one (1) year, or
by both such fine and imprisonment, in the discretion of the court.

69.

In any transaction made in violation of the provisions of this sub-
title, except where the violation results from an actual or bona fide
error of computation, the lender shall be entitled to be repaid only
the actual amount of the mortgage loan, exclusive of any interest,
costs, or other charges of whatever nature; and further, any lender
who shall knowingly violate any provisions of this subtitle shall pay
to the borrower an amount equal to triple the excess paid over the
amount of interest and/or other charges allowed by law.

70.

The Commissioner is hereby authorized and empowered to make,
alter, amend, and repeal such rules and regulations as shall be
necessary to the establishment and maintenance of a standard of
fair, equitable and honest conduct in the transaction of secondary
mortgage loans.


 

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Session Laws, 1967
Volume 681, Page 791   View pdf image (33K)
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