Maryland Secured Promissory Note Overview
A secured promissory note in Maryland is a loan agreement where the borrower pledges specific collateral to guarantee repayment. Maryland law governs the creation, perfection, and enforcement of security interests under the Uniform Commercial Code (UCC) as adopted by the state. The maximum interest rate for most loans in Maryland is 8% (default).
8% default legal rate; 6% for written contracts unless higher rate specified; 24% maximum for most consumer loans; no cap for business loans over $15,000. Lenders should verify that the agreed-upon interest rate complies with Maryland's usury laws before finalizing the note. Charging interest above the legal limit can result in severe penalties, including forfeiture of interest and potential civil liability.
For secured notes involving real property in Maryland, non-judicial (power of sale) and judicial foreclosure applies. Understanding your state's foreclosure process is critical because it determines the timeline, costs, and lender's rights in the event of borrower default.
8% (default)
Usury rate cap
State Department of Assessments and Taxation
UCC filing office
Non-judicial
Foreclosure type
Yes
Deficiency judgment
Maryland Legal Requirements
Maryland has specific requirements for secured promissory notes. Here's what you need to ensure your note is enforceable under MD law:
Important: Maryland Usury Laws
Maryland's maximum interest rate is 8% (default). 8% default legal rate; 6% for written contracts unless higher rate specified; 24% maximum for most consumer loans; no cap for business loans over $15,000. Exceeding the legal limit may void the interest portion of your note or result in civil penalties.
Essential Elements
- Written Agreement: The note must be in writing, signed by the borrower, and clearly state the loan terms
- Compliant Interest Rate: Must not exceed Maryland's 8% (default) usury cap
- Collateral Description: Specific, identifiable description of all pledged property
- Security Agreement: Grant of security interest signed by the borrower (debtor)
- UCC-1 Filing: Filed with the State Department of Assessments and Taxation, UCC Section for personal property collateral
- Default Provisions: Clear events of default, cure periods, and remedies including foreclosure/repossession rights
UCC Filing in Maryland
To perfect a security interest in personal property in Maryland, the lender must file a UCC-1 financing statement with the State Department of Assessments and Taxation, UCC Section. This public filing puts other creditors on notice and establishes the lender's priority in the collateral.
Prepare the UCC-1 Form
Include the debtor's exact legal name, secured party name, and detailed collateral description
File with the State Department of Assessments and Taxation
Submit online or by mail with the required filing fee
Monitor and Renew
UCC-1 filings last 5 years; file a continuation statement before expiration
Terminate After Payoff
File a UCC-3 termination statement when the loan is fully repaid
Maryland Foreclosure & Repossession
Maryland uses non-judicial (power of sale) and judicial foreclosure for real property collateral. For personal property (vehicles, equipment, inventory), the lender generally has the right to repossess the collateral without court action, provided it can be done without breaching the peace.
Regarding deficiency judgments in Maryland: Yes, within 3 years. The lender must follow Maryland's specific procedures for disposing of collateral in a commercially reasonable manner, providing proper notice to the borrower before any sale.
| Aspect | Maryland Rule |
|---|---|
| Foreclosure Type | Non-judicial (power of sale) and judicial |
| Deficiency Judgment | Yes, within 3 years |
| Statute of Limitations | 3 years (oral), 12 years (written contracts) |
| Usury Rate | 8% (default) |
| UCC Filing Office | State Department of Assessments and Taxation, UCC Section |
Sample Maryland Secured Promissory Note
Below is a preview of our Maryland-specific secured promissory note. Your customized document will include all terms compliant with MD law.
STATE OF MARYLAND
SECURED PROMISSORY NOTE
Collateral-Backed Loan Agreement
LENDER (Secured Party):
Name: [Lender Name]
Address: [Maryland Address]
BORROWER (Debtor):
Name: [Borrower Name]
Address: [Maryland Address]
LOAN TERMS
Principal: $[Amount]
Interest: [Rate]% per annum (max 8% (default) in MD)
Collateral: [Description]
Maryland Secured Promissory Note FAQ
Answers to common questions about secured promissory notes, UCC filings, and collateral requirements in Maryland.
Official Maryland Resources
Use these official resources to verify Maryland requirements, file UCC documents, and access state legal information.
Other Maryland Promissory Note Types
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