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  • Acts
  • 2000
  • Chapter 50 AN ACT RELATIVE TO OPEN-END MORTGAGE LOANS.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. Section 96 of chapter 140 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

This section shall not apply to loans that are subject to section 90A or section 28B of chapter 183.

SECTION 2 Paragraph 7B of subsection B of section 2 of chapter 167E of the General Laws, as so appearing, is hereby amended by adding the following sentence:- The interest rate on any such loan and any delinquency charge thereon on any payment not paid in full within 15 days of its due date shall be governed by section 114B of chapter 140.

SECTION 3. Clause 11 of the seventh paragraph of section 65 of chapter 171 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- The interest rate on any such loan and any delinquency charge thereon on any payment not paid in full within 15 days of its due date shall be governed by section 114B of chapter 140.

SECTION 4. Section 28B of chapter 183 of the General Laws, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- As used in this section an open-end mortgage shall mean a mortgage of real estate the terms of which provide that it secures a sum lent by the mortgagee to the mortgagor from time to time pursuant to an open-end credit plan as defined in section 1 of chapter 140D, but the interest rate on any such loan and any delinquency charge thereon on any payment not paid in full within 15 days of its due date shall be governed by section 114B of chapter 140.

SECTION 5. Section 2 of chapter 255E of the General Laws, as so appearing, is hereby amended by striking out, in lines 22 to 24, inclusive, the words ", a company licensed to carry on the business of making small loans under the provisions of section ninety-six of chapter one hundred and forty".

Approved March 25, 2000.