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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 7. BANKING AND FINANCE |
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Chapter 4. INTEREST AND USURY |
| Article 1. IN GENERAL |
| Article 2. RESIDENTIAL SECOND MORTGAGES |
REFS & ANNOS
TITLE 7 Chapter 4 NOTE
CROSS REFERENCES. --Duty of Department of Banking and Finance to receive and investigate complaints and allegations regarding violations of interest and usury laws, § 7-1-99. Illegal payday loans, § 16-17-1 et seq. Interest rate management agreements, T. 36, C. 82, A. 11.
LAW REVIEWS. --For article discussing developments in Georgia usury law in 1976 to 1977, see 29 Mercer L. Rev. 41 (1977). For annual survey of commercial law, see 35 Mercer L. Rev. 53 (1983). For annual survey on commercial law, see 36 Mercer L. Rev. 115 (1984). For survey article on commercial law, see 44 Mercer L. Rev. 99 (1992).
For note discussing the law of usury in Georgia, see 12 Ga. L. Rev. 814 (1972). For note discussing transfer fees in home loan assumptions in reference to the Georgia usury laws, see 9 Ga. L. Rev. 454 (1975). For note, "State-Imposed Interest Rate Ceilings and Home Equity Loan Scandal in Georgia," see 11 Ga. St. U.L. Rev. 591 (1995).
JUDICIAL DECISIONS
O.C.G.A. CH. 4, T. 7 REPRESENTS CLARIFICATION OF PUBLIC POLICY OF STATE that usury is not to be tolerated, and courts should therefore be chary in permitting this policy to be thwarted. Eiberger v. West, 247 Ga. 767, 281 S.E.2d 148 (1981).
EFFECT OF USURY STATUTE'S REPEAL. --A usury statute in effect at the time a loan is secured is no defense to an action by the creditor to secure repayment of the debt where the usury statute is repealed before the defense of usury is raised. Fountain v. Dixie Fin. Corp., 252 Ga. 543, 314 S.E.2d 906 (1984).
CITED in Robinson v. Colonial Disct. Co., 106 Ga. App. 274, 126 S.E.2d 824 (1962); Meadows v. Charlie Wood, Inc., 448 F. Supp. 717 (M.D. Ga. 1978).
RESEARCH REFERENCES
Am. Jur. Proof of Facts. --Class Action for Failure to Disclose under the Truth-In-Lending Act and Regulation Z, 76 POF3d 193.
ALR. --Affirmative liability for usurious penalty or excess interest paid under usurious contract in event of assignment or transfer, 78 ALR 408.
Usury: liability for the statutory penalty of persons other than the offending lender in a usurious loan transaction, 4 ALR3d 650.
Provision for interest after maturity at a rate in excess of legal rate as usurious or otherwise illegal, 28 ALR3d 449.
Usury in connection with loan calling for variable interest rate, 18 ALR4th 1068.
LAW REVIEWS. --For article discussing developments in Georgia usury law in 1976 to 1977, see 29 Mercer L. Rev. 41 (1977). For annual survey of commercial law, see 35 Mercer L. Rev. 53 (1983). For annual survey on commercial law, see 36 Mercer L. Rev. 115 (1984). For survey article on commercial law, see 44 Mercer L. Rev. 99 (1992).
For note discussing the law of usury in Georgia, see 12 Ga. L. Rev. 814 (1972). For note discussing transfer fees in home loan assumptions in reference to the Georgia usury laws, see 9 Ga. L. Rev. 454 (1975). For note, "State-Imposed Interest Rate Ceilings and Home Equity Loan Scandal in Georgia," see 11 Ga. St. U.L. Rev. 591 (1995).
JUDICIAL DECISIONS
O.C.G.A. CH. 4, T. 7 REPRESENTS CLARIFICATION OF PUBLIC POLICY OF STATE that usury is not to be tolerated, and courts should therefore be chary in permitting this policy to be thwarted. Eiberger v. West, 247 Ga. 767, 281 S.E.2d 148 (1981).
EFFECT OF USURY STATUTE'S REPEAL. --A usury statute in effect at the time a loan is secured is no defense to an action by the creditor to secure repayment of the debt where the usury statute is repealed before the defense of usury is raised. Fountain v. Dixie Fin. Corp., 252 Ga. 543, 314 S.E.2d 906 (1984).
CITED in Robinson v. Colonial Disct. Co., 106 Ga. App. 274, 126 S.E.2d 824 (1962); Meadows v. Charlie Wood, Inc., 448 F. Supp. 717 (M.D. Ga. 1978).
RESEARCH REFERENCES
Am. Jur. Proof of Facts. --Class Action for Failure to Disclose under the Truth-In-Lending Act and Regulation Z, 76 POF3d 193.
ALR. --Affirmative liability for usurious penalty or excess interest paid under usurious contract in event of assignment or transfer, 78 ALR 408.
Usury: liability for the statutory penalty of persons other than the offending lender in a usurious loan transaction, 4 ALR3d 650.
Provision for interest after maturity at a rate in excess of legal rate as usurious or otherwise illegal, 28 ALR3d 449.
Usury in connection with loan calling for variable interest rate, 18 ALR4th 1068.