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Regarding Owed Interest

  • Thread starter Thread starter Godbodied
  • Start date Start date

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Taxing Matters

Overtaxed Member
I think the borrower owes $1000. From my reading, the interest only accrued during May,June,July,August, and September of 2016, "each of 5 months after a one month Capital Placement Interest Accrual Moratorium (whatever that means) during a 6 month term. " No interest rate is specified beyond each of those five months.

I think you'll have a hard time collecting it.

The borrower would owe that if the interest rate in the contract did not violate the state usury law (again assuming Maryland law applies here). Violating the state usury law means that the creditor not only doesn't get to collect any interest but also owes the borrower a minimum of $500.
 


Zigner

Senior Member, Non-Attorney
I didn't write this promissory note. So it is evident that you're here for forum points rather than to assist. On the other hand, everyone else has been very helpful.

These terms were provided by the borrower for a real estate investment that I shouldn't have done in the first place. It is what it is. Thanks for the assistance everyone.
Bless your heart.
 

not2cleverRed

Obvious Observer
The borrower would owe that if the interest rate in the contract did not violate the state usury law (again assuming Maryland law applies here). Violating the state usury law means that the creditor not only doesn't get to collect any interest but also owes the borrower a minimum of $500.

In layman's terms, that seems to translates to: be happy you got the initial investment back, and don't press your luck going to small claims for the interest.

Would I be correct in understanding from what you have posted, TM, that had OP agreed to an annual rate of 20%, rather than a monthly rate of 20%, that OP might have had a legally enforceable agreement?
 

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