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Session Laws, 1994
Volume 773, Page 3486   View pdf image
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S.B. 209                                                  VETOES

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Commercial Law

12-115.

(a)     With respect to any loan made at a rate of interest pursuant to Sections
12-103 (a) and (c) of 12-306 of the Commercial Law Article [or Section 6-507 of the
Financial Institutions Article]:

(1)     A lender may repossess goods securing a loan under an agreement if the
borrower is in default in:

(i) The payment of any sum due under the agreement;

(ii) The performance of any other condition which the agreement
lawfully requires him to perform in order to obtain unencumbered title to the goods; or

                             (iii) The performance of any promise the breach of which is expressly

made a ground for repossessing the goods.

(2)     The lender may repossess goods only by:
(i) Legal process; of

(ii) Self-help, without use of force.

(b)     Nothing in this section authorizes a violation of criminal law.

(e) (1) At least 10 days before he repossesses any goods, a lender may serve a
written notice on the borrower of his intention to repossess the goods.

(2) The notice shall:

(i) State the default and any period at the end of which the goods will
be repossessed; and

(ii) Briefly state the rights of the borrower in case the goods are
repossessed.

(d)     The notice may be delivered to the borrower personally or sent to him at his
last known address by registered of certified mail.

(e)     Within 5 days after he repossesses the goods, the lender shall deliver to the
borrower personally or send to him at his last known address by registered or certified
mail, a written notice which briefly states:

(1) The fight of the borrower to redeem the goods, and the amount payable
for them;

(2) The rights of the borrower as to a resale, and his liability for a
deficiency; and

- 3486 -

 

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Session Laws, 1994
Volume 773, Page 3486   View pdf image
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