Maryland Financial Institutions Section 11-204

Article - Financial Institutions

§ 11-204.

      (a)      Unless a person is licensed by the Commissioner, the person may not:

            (1)      Make a loan; or

            (2)      In any way use any advantage provided by the Maryland Consumer Loan Law.

      (b)      (1)      A separate license is required for each place of business where a person makes a loan or transacts any business under the Maryland Consumer Loan Law.

            (2)      A person may not:

                  (i)      Receive any application for a loan or allow any note or contract for a loan to be signed at any place of business for which the person does not have a license;

                  (ii)      Conduct any business under the Maryland Consumer Loan Law under a name different from the name that appears on the person's license; or

                  (iii)      Evade the application of this section by any device, subterfuge, or pretense of any kind.

            (3)      This subsection does not prohibit a licensee from accommodating a borrower, at the borrower's request, by making a loan by mail because of the borrower's sickness or hours of employment or for similar reasons.

            (4)      Notwithstanding paragraphs (2) and (3) of this subsection, for a loan that is to be secured by residential real property:

                  (i)      A licensee may solicit and accept an application for a loan:

                        1.      By mail;

                        2.      By telephone or other electronic means; or

                        3.      At any location requested by the prospective borrower;

                  (ii)      Except as provided in subparagraph (iii) of this paragraph, the loan closing shall be conducted at:

                        1.      The lender's licensed location;

                        2.      The office of an attorney representing the licensee, the borrower, the title company, or title insurer in connection with the loan; or

                        3.      The office of the title insurer or title agency performing closing services in connection with the loan; and

                  (iii)      A licensee may conduct the loan closing at another location at the written request of the borrower or the borrower's designee to accommodate the borrower because of the borrower's sickness.



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