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Under California usury law, an interest rate charged on a loan that is later found to be usurious is treated as:

Correct Answer

B) Illegal, with all interest (not just the excess) being forfeited by the lender

A usurious interest rate renders ALL interest on the loan illegal and subject to forfeiture. The lender does not merely lose the excess above the legal rate; the entire interest component is forfeited. This is a punitive measure designed to deter usurious lending practices.

Answer Options
A
Void from inception, requiring the borrower to return only principal minus all interest paid
B
Illegal, with all interest (not just the excess) being forfeited by the lender
C
Voidable at the borrower's option, with the borrower able to ratify the rate retroactively
D
A minor violation resulting in a regulatory fine but no change to the loan terms

Why This Is the Correct Answer

A usurious interest rate renders ALL interest on the loan illegal and subject to forfeiture. The lender does not merely lose the excess above the legal rate; the entire interest component is forfeited. This is a punitive measure designed to deter usurious lending practices.

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