Maryland § 12-308

Full text of Maryland Maryland Code § 12-308, with citation guidance and answers to common questions.

§ 12-308.

    (a)    (1)    At the time a loan is made, the lender shall deliver to the borrower a statement in the English language which:

            (i)    Quotes §§ 12–306, 12–307, and 12–312 of this subtitle, in their entireties; and

            (ii)    Complies with § 12–106(b) of this title.

        (2)    If there are two or more borrowers, the lender:

            (i)    May deliver the statement to any one of the borrowers; and

            (ii)    At the request of any other borrower, shall deliver a copy of the statement to that borrower within 10 days after the request.

    (b)    (1)    Except as provided in paragraphs (2), (3), and (4) of this subsection, at the time a lender receives a payment on account of a loan, the lender shall deliver to the person making the payment a receipt which specifies:

            (i)    The amount applied to principal;

            (ii)    The amount applied to interest and other charges; and

            (iii)    The unpaid principal balance of the loan.

        (2)    The lender may deliver an unitemized receipt at the time of payment if he delivers the required itemized receipt within 10 days after the payment.

        (3)    The lender is not required to issue a receipt if, before the due date of each payment, he regularly delivers to the borrower a billing statement which specifies:

            (i)    The previous unpaid principal balance of the loan;

            (ii)    The amount and date of each payment made during the billing period;

            (iii)    The amount of each of these payments applied to interest;

            (iv)    The amount of each of these payments applied to principal;

            (v)    The current unpaid principal balance; and

            (vi)    The amount and due date of the next maturing installment.

        (4)    The lender is not required to issue a receipt if the lender issues to the borrower a payment book or coupon book and payment is made by check or money order.

    (c)    (1)    A lender shall permit a borrower to prepay a loan in full or in part at any time, without penalty.

        (2)    Each partial prepayment shall be applied:

            (i)    First, to any interest accrued on the unpaid principal balance to the date of the payment; and

            (ii)    Then, to the unpaid principal balance.

    (d)    After full repayment of a loan, the lender shall:

        (1)    (i)    Indelibly mark with the word “paid” or “canceled” and return each note, contract, or other evidence of obligation of the borrower in the possession of the lender; or

            (ii)    Furnish the borrower with a written statement that identifies the loan transaction and states that the loan has been paid in full;

        (2)    Release any mortgage, security agreement, or other form of security instrument which no longer secures any indebtedness to the lender; and

        (3)    Restore any pledge or certificate of title.

    (e)    At the request of the borrower, the lender shall furnish the borrower with a written statement of the account. However, the lender is not required to do so more than once in any 30–day period.

    (f)    A lender making or offering to make a loan secured by residential real property shall comply with § 12–125 of this title, as applicable.

Frequently Asked Questions About Maryland § 12-308

What does Maryland Code § 12-308 cover?

Section 12-308 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Maryland § 12-308?

A common citation format is "Maryland Code § 12-308" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Maryland law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.

How does Maryland § 12-308 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.