State Codes and Statutes

Statutes > Maine > Title9a > Title9-Ach8sec0 > Title9-Asec8-208-A

Title 9-A: MAINE CONSUMER CREDIT CODE

Article 8: TRUTH-IN-LENDING

Part 2: DISCLOSURE REQUIREMENTS

§8-208-A. Certain limitations on liability

1. For any closed-end consumer credit transaction subject to this Title that is secured by real property or a dwelling and that is consummated before September 30, 1995, a creditor or any assignee of a creditor does not have civil, administrative or criminal liability under this Title for, and a consumer does not have extended rescission rights under section 8-204, subsection 6 with respect to:

A. The creditor's treatment, for disclosure purposes, of:

(i) Taxes described in section 8-105, subsection 4, paragraph C;

(ii) Fees described in section 8-105, subsection 5, paragraphs B and E;

(iii) Fees and amounts described in section 8-105, subsection 1-A; or

(iv) Borrower-paid mortgage broker fees referred to in section 8-105, subsection 1, paragraph F; [1995, c. 614, Pt. A, §13 (NEW).]

B. The form of written notice used by the creditor to inform the obligor of the rights of the obligor under section 8-204 if the creditor provided the obligor with a properly dated form of written notice published and adopted by the administrator or a comparable written notice and otherwise complied with all the requirements of this section regarding notice; or [1995, c. 614, Pt. A, §13 (NEW).]

C. Any disclosure relating to the finance charge imposed with respect to the transaction if the amount or percentage actually disclosed:

(i) Is deemed accurate for purposes of this Title and if the amount disclosed as the finance charge does not vary from the actual finance charge by more than $200;

(ii) May, under section 8-105, subsection 6, paragraph B, be deemed accurate for purposes of section 8-204; or

(iii) Is greater than the amount or percentage required to be disclosed under this Title. [1995, c. 614, Pt. A, §13 (NEW).]

2. Subsection 1 does not apply to:

A. Any individual action or counterclaim brought under this Title that was filed before June 1, 1995; [1995, c. 614, Pt. A, §13 (NEW).]

B. Any class action brought under this Title for which a final order certifying a class was entered before January 1, 1995; [1995, c. 614, Pt. A, §13 (NEW).]

C. The named individual plaintiffs in any class action brought under this Title that was filed before June 1, 1995; or [1995, c. 614, Pt. A, §13 (NEW).]

D. Any consumer credit transaction for which a timely notice of rescission was sent to the creditor before June 1, 1995. [1995, c. 614, Pt. A, §13 (NEW).]

[ 1995, c. 614, Pt. A, §13 (NEW) .]

SECTION HISTORY

1995, c. 614, §A13 (NEW). 1995, c. 614, Pt. A, §13 (NEW). 1997, c. 155, §C6 (AMD). 1997, c. 155, Pt. C, §6 (AMD).

State Codes and Statutes

Statutes > Maine > Title9a > Title9-Ach8sec0 > Title9-Asec8-208-A

Title 9-A: MAINE CONSUMER CREDIT CODE

Article 8: TRUTH-IN-LENDING

Part 2: DISCLOSURE REQUIREMENTS

§8-208-A. Certain limitations on liability

1. For any closed-end consumer credit transaction subject to this Title that is secured by real property or a dwelling and that is consummated before September 30, 1995, a creditor or any assignee of a creditor does not have civil, administrative or criminal liability under this Title for, and a consumer does not have extended rescission rights under section 8-204, subsection 6 with respect to:

A. The creditor's treatment, for disclosure purposes, of:

(i) Taxes described in section 8-105, subsection 4, paragraph C;

(ii) Fees described in section 8-105, subsection 5, paragraphs B and E;

(iii) Fees and amounts described in section 8-105, subsection 1-A; or

(iv) Borrower-paid mortgage broker fees referred to in section 8-105, subsection 1, paragraph F; [1995, c. 614, Pt. A, §13 (NEW).]

B. The form of written notice used by the creditor to inform the obligor of the rights of the obligor under section 8-204 if the creditor provided the obligor with a properly dated form of written notice published and adopted by the administrator or a comparable written notice and otherwise complied with all the requirements of this section regarding notice; or [1995, c. 614, Pt. A, §13 (NEW).]

C. Any disclosure relating to the finance charge imposed with respect to the transaction if the amount or percentage actually disclosed:

(i) Is deemed accurate for purposes of this Title and if the amount disclosed as the finance charge does not vary from the actual finance charge by more than $200;

(ii) May, under section 8-105, subsection 6, paragraph B, be deemed accurate for purposes of section 8-204; or

(iii) Is greater than the amount or percentage required to be disclosed under this Title. [1995, c. 614, Pt. A, §13 (NEW).]

2. Subsection 1 does not apply to:

A. Any individual action or counterclaim brought under this Title that was filed before June 1, 1995; [1995, c. 614, Pt. A, §13 (NEW).]

B. Any class action brought under this Title for which a final order certifying a class was entered before January 1, 1995; [1995, c. 614, Pt. A, §13 (NEW).]

C. The named individual plaintiffs in any class action brought under this Title that was filed before June 1, 1995; or [1995, c. 614, Pt. A, §13 (NEW).]

D. Any consumer credit transaction for which a timely notice of rescission was sent to the creditor before June 1, 1995. [1995, c. 614, Pt. A, §13 (NEW).]

[ 1995, c. 614, Pt. A, §13 (NEW) .]

SECTION HISTORY

1995, c. 614, §A13 (NEW). 1995, c. 614, Pt. A, §13 (NEW). 1997, c. 155, §C6 (AMD). 1997, c. 155, Pt. C, §6 (AMD).


State Codes and Statutes

State Codes and Statutes

Statutes > Maine > Title9a > Title9-Ach8sec0 > Title9-Asec8-208-A

Title 9-A: MAINE CONSUMER CREDIT CODE

Article 8: TRUTH-IN-LENDING

Part 2: DISCLOSURE REQUIREMENTS

§8-208-A. Certain limitations on liability

1. For any closed-end consumer credit transaction subject to this Title that is secured by real property or a dwelling and that is consummated before September 30, 1995, a creditor or any assignee of a creditor does not have civil, administrative or criminal liability under this Title for, and a consumer does not have extended rescission rights under section 8-204, subsection 6 with respect to:

A. The creditor's treatment, for disclosure purposes, of:

(i) Taxes described in section 8-105, subsection 4, paragraph C;

(ii) Fees described in section 8-105, subsection 5, paragraphs B and E;

(iii) Fees and amounts described in section 8-105, subsection 1-A; or

(iv) Borrower-paid mortgage broker fees referred to in section 8-105, subsection 1, paragraph F; [1995, c. 614, Pt. A, §13 (NEW).]

B. The form of written notice used by the creditor to inform the obligor of the rights of the obligor under section 8-204 if the creditor provided the obligor with a properly dated form of written notice published and adopted by the administrator or a comparable written notice and otherwise complied with all the requirements of this section regarding notice; or [1995, c. 614, Pt. A, §13 (NEW).]

C. Any disclosure relating to the finance charge imposed with respect to the transaction if the amount or percentage actually disclosed:

(i) Is deemed accurate for purposes of this Title and if the amount disclosed as the finance charge does not vary from the actual finance charge by more than $200;

(ii) May, under section 8-105, subsection 6, paragraph B, be deemed accurate for purposes of section 8-204; or

(iii) Is greater than the amount or percentage required to be disclosed under this Title. [1995, c. 614, Pt. A, §13 (NEW).]

2. Subsection 1 does not apply to:

A. Any individual action or counterclaim brought under this Title that was filed before June 1, 1995; [1995, c. 614, Pt. A, §13 (NEW).]

B. Any class action brought under this Title for which a final order certifying a class was entered before January 1, 1995; [1995, c. 614, Pt. A, §13 (NEW).]

C. The named individual plaintiffs in any class action brought under this Title that was filed before June 1, 1995; or [1995, c. 614, Pt. A, §13 (NEW).]

D. Any consumer credit transaction for which a timely notice of rescission was sent to the creditor before June 1, 1995. [1995, c. 614, Pt. A, §13 (NEW).]

[ 1995, c. 614, Pt. A, §13 (NEW) .]

SECTION HISTORY

1995, c. 614, §A13 (NEW). 1995, c. 614, Pt. A, §13 (NEW). 1997, c. 155, §C6 (AMD). 1997, c. 155, Pt. C, §6 (AMD).