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A security interest on a loan is a legal claim on collateral that the borrower provides that allows the lender to repossess the collateral and sell it if the loan goes bad. A security interest lowers the risk for a lender, allowing it to charge lower interest on the loan.
Laws § 34-25.2-1 et seq., The Rhode Island Home Loan Protection Act, which protects consumers from certain loan brokering and lending practices. One of these statutory protections, R.I. Gen. Laws § 34-25.2-6, imposes certain requirements and prohibited practices upon ?High-Cost Home Loans.?
Usury laws apply to private loans that are made for credit cards, loans, and other reasons. Summary: The law limits the amount of interest that can be charged on a loan. Usury laws apply to private loans and all types of loans except commercial loans.
In the U.S. the term "security interest" is often used interchangeably with "lien". However, the term "lien" is more often associated with the collateral of real property than with of personal property. A security interest is typically granted by a "security agreement".
Under Rhode Island law, creditors may charge up to 12 percent interest on debt without an agreement, but up to 21 percent if there is an agreement. Exceptions include pawn brokers, licensed lenders, retail finance charges, and revolving credit (which includes all credit cards).
Usury is interest that a lender charges a borrower at a rate above the lawful ceiling on such charges; a contract upon the loan of money with an illegally high interest rate as a condition of the loan.
When you consider who is exempt from usury laws, the most common loan providers are institutions. Institutions that provide consumer loans are typically exempt from usury laws. Institutions include banks, savings and loans, credit unions, licensed pawnbrokers, licensed finance lenders, and personal property brokers.
With some constitutional amendments, most notably the 1979 constitutional amendment, Article XV, Section 1, California's usury limit is now generally 10% per year with a broader range of exemptions.