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Under California law, what is the penalty for a lender who charges a usurious interest rate?

Correct Answer

B) The lender forfeits all interest on the loan and the borrower may recover treble damages

Under California Civil Code and constitutional provisions, a usurious lender forfeits ALL interest (not just the excess) and the borrower may sue for treble (triple) the amount of interest paid in the preceding year. This harsh penalty is designed to strongly deter usury.

Answer Options
A
The lender forfeits only the excess interest above the legal limit
B
The lender forfeits all interest on the loan and the borrower may recover treble damages
C
The entire loan is void and the principal must be returned to the borrower
D
The lender is subject to a fine of $10,000 per violation but retains the interest

Why This Is the Correct Answer

Under California Civil Code and constitutional provisions, a usurious lender forfeits ALL interest (not just the excess) and the borrower may sue for treble (triple) the amount of interest paid in the preceding year. This harsh penalty is designed to strongly deter usury.

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