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A Maryland lender worries in 2026 that a finder fee paid from loan proceeds counts as interest it charged. If the finder fee complies with the statutory cap, is payment from proceeds treated as interest to the lender under this provision?

Correct Answer

B) It is not interest to the lender where the fee is within the cap

Payment of the finder fee to the broker out of the proceeds of the loan is not considered as interest to the lender if the fee is not in excess of that permitted by the subtitle. Other choices: the statute answers the cost-of-credit point directly; separate payment is not the condition; and affiliation is dealt with by the prohibition on self-dealing. Source: Md. Com. Law § 12-805(b)

Answer Options
A
It is interest unless the borrower pays the fee separately
B
It is not interest to the lender where the fee is within the cap
C
It is interest, because any amount taken out of the loan proceeds raises the true cost of credit
D
It is not interest only where the lender is unaffiliated with the broker

Why This Is the Correct Answer

Payment of the finder fee to the broker out of the proceeds of the loan is not considered as interest to the lender if the fee is not in excess of that permitted by the subtitle. Other choices: the statute answers the cost-of-credit point directly; separate payment is not the condition; and affiliation is dealt with by the prohibition on self-dealing. Source: Md. Com. Law § 12-805(b)

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