Usury
Definition
Usury is the practice of charging interest on a loan at a rate higher than that permitted by law. Each state in the U.S. has its own limits regarding acceptable interest rates, which can vary depending on the type of lender and the nature of the loan. Federal laws may also impact these limits under specific conditions.
Examples
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Elsa’s Personal Loan: Elsa borrows $5,000 from a lender in a state where the maximum allowable interest rate is 10%. If Elsa’s lender charges her an interest rate of 15%, it would be considered usury, and the lender could be subject to penalties.
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Business Loan: A small business acquires a loan with an interest rate of 18% from a financial institution in a state where the usury limit is 12% for such loans. The business can report this to authorities, potentially leading to the lender being penalized.
Frequently Asked Questions
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Why was usury legislation created?
Usury laws were established to protect borrowers from unreasonably high interest rates and prevent predatory lending practices.
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What happens if a loan is found to be usurious?
Penalties can include the borrower being relieved from paying the excess interest or even the entire loan balance. Lenders can face fines, restitution, and loss of their right to collect any payments on the loan.
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Are there federal regulations on usury?
Yes, federal laws can preempt state usury limits in certain circumstances. For instance, banks chartered by the federal government often follow federal rates rather than state caps.
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Does usury only apply to personal loans?
No, usury laws can apply to a wide range of lending practices, including personal loans, business loans, and sometimes credit card interest rates.
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Interest Rate: The amount charged, expressed as a percentage of principal, by a lender to a borrower for the use of assets.
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Principal: The initial amount of the loan before any interest is added.
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Effective Rate: The rate of interest on a loan that is computed annually to account for compounding.
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Yield: The returns that an investor receives from an investment, including interest or dividends.
Online Resources
References
- Federal Reserve’s Regulation Z: Truth in Lending Act (link)
Suggested Books for Further Studies
- “The Law of Usury of Interest” by Theodore Sedgwick
- “Empirical Aspects of the Costs of Credit Regulations to Consumers: Evidence from the Italian Experience” by Giorgio Gobbi and Enrico Torriero
Real Estate Basics: Usury Fundamentals Quiz
### What is usury?
- [ ] The practice of charging any interest on a loan.
- [ ] The maximum allowable interest rate set by lenders.
- [x] Charging a rate of interest greater than that permitted by state law.
- [ ] Avoiding the payment of any interest on borrowed money.
> **Explanation:** Usury refers to the charging of an interest rate on a loan that is higher than what is legally allowed by state law.
### Do all states have the same usury limit?
- [ ] Yes, all states have identical usury limits.
- [x] No, each state has its own usury limits.
- [ ] Usury limits are defined only by federal law.
- [ ] Usury does not depend on state regulation.
> **Explanation:** Usury limits vary from state to state and can differ based on the type of lender and the type of loan.
### What can happen to a loan if it is found to be usurious?
- [x] Severe penalties including loss of the principal.
- [ ] The loan gets refinanced.
- [ ] Nothing, as interest rates are negotiable.
- [ ] The borrower must pay the loan in full immediately.
> **Explanation:** Penalties for usurious loans can include the loss of principal and interest, and lenders may also face further legal repercussions.
### Can federal laws override state usury limits?
- [x] Yes, under certain conditions federal laws can preempt state limits.
- [ ] No, state laws always take precedence over federal laws.
- [ ] Only in cases involving personal loans.
- [ ] Federal laws can be ignored by states if they choose.
> **Explanation:** Federal laws can preempt state usury limits under certain conditions, allowing federally chartered banks to follow federal guidelines.
### Usury primarily protects which parties?
- [ ] Lenders from high-risk borrowers.
- [x] Borrowers from excessively high interest rates.
- [ ] Banks from losing money on loans.
- [ ] Investors from bad loan deals.
> **Explanation:** Usury laws protect borrowers by ensuring they are not subjected to excessively high interest rates on loans.
### In addition to personal loans, to which other loan types can usury laws apply?
- [x] Business Loans
- [ ] Only personal loans.
- [ ] Child education loans
- [ ] Only mortgages.
> **Explanation:** Usury laws can apply to various types of loans, including business loans and sometimes credit card interest rates.
### How are penalties determined for usurious loans?
- [ ] By the local community boards.
- [x] According to state and federal laws.
- [ ] Based on the borrower's agreement with the lender.
- [ ] Through arbitration with the lender.
> **Explanation:** Penalties for usurious loans are determined according to state and federal laws regulating interest rates.
### What is 'Principal' in the context of loans?
- [ ] The total amount of interest paid.
- [ ] The interest rate charged on the loan.
- [x] The initial amount of the loan before interest.
- [ ] The monthly payment amount.
> **Explanation:** The principal is the original amount borrowed, excluding any interest or fees.
### Can lenders be relieved of excess interest in a usury case?
- [x] Yes, borrowers may be relieved from paying excess interest.
- [ ] No, excess interest must always be paid.
- [ ] Only in federal cases.
- [ ] Only if the loan is repaid fully.
> **Explanation:** In a usury case, borrowers may not have to pay the excess interest and, in some cases, the entire loan may be nullified.
### Which federal body provides guidelines on interest rates through Regulation Z?
- [x] The Federal Reserve
- [ ] The Federal Trade Commission
- [ ] The Consumer Financial Protection Bureau
- [ ] The Securities and Exchange Commission
> **Explanation:** The Federal Reserve provides guidelines on interest rates through Regulation Z, also known as the Truth in Lending Act.