Md. Code Ann., Fin. Inst. § 6-609
Purchase policies
Effective Apr 9, 2002Added by Acts 2001, c. 147, § 1, eff. Oct. 1, 2001; Acts 2001, c. 148, § 1, eff. Oct. 1, 2001. Amended by Acts 2002, c. 19, § 1, eff. April 9, 2002.State of Maryland
(a)
- (1) In this section the following words have the meanings indicated.
- (2) “Eligible obligation” means a loan or a group of loans made to a member of a credit union by a lender other than the credit union to which the member belongs.
(3) “Student loan” means a loan that is:
- (i) Granted to finance the borrower's attendance at an institution of higher education or at a vocational school; and
- (ii) Secured by, and on which payment of the outstanding principal and interest has been deferred in accordance with, the insurance or guarantee of the federal government, a state government, or a unit of the federal government or of a state government.
(b)
(1) Subject to the provisions of paragraph (2) of this subsection, a credit union may purchase, in whole or in part, in accordance with the board's purchase policies:
- (i) Eligible obligations of its members;
- (ii) Eligible obligations of the individual members of a liquidating credit union, from the liquidating credit union;
- (iii) Student loans if the credit union is granting student loans on an ongoing basis and if the purchase will facilitate the credit union's packaging of a pool of the loans to be sold or pledged on the secondary market; and
- (iv) Real estate loans if the credit union is granting real estate loans under this subtitle on an ongoing basis and if the purchase will facilitate the credit union's packaging of a pool of the loans to be sold or pledged on the secondary mortgage market.
(2) A credit union may make a purchase under paragraph (1) of this subsection if:
- (i) The board or investment committee approves the purchase;
- (ii) A written agreement and a schedule of the eligible obligations covered by the agreement are retained by the credit union for inspection;
- (iii) The aggregate of the unpaid balance of eligible obligations purchased under paragraph (1)(i) and (ii) of this subsection does not exceed 5% of the total assets of the credit union; and
(iv) For purchases of real estate loans under paragraph (1)(iv) of this subsection, the pool of loans to be sold or pledged on the secondary mortgage market:
- 1. Includes a substantial portion of the credit union's members' real estate loans, but no less than 20% of the aggregate principal amount of the loans purchased; and
- 2. Is sold promptly, but no later than 6 months after the purchase.
(c) A credit union may sell or pledge, in whole or in part, the eligible obligations or loans purchased under subsection (b)(1) of this section if:
- (1) The board or investment committee approves the sale or pledge; and
- (2) The written agreement covering the sale or pledge and a schedule of the eligible obligations or loans covered by the agreement are retained by the credit union for inspection.
- (d) A credit union may agree to service any eligible obligation the credit union purchases or sells in whole or in part.
Added by Acts 2001, c. 147, § 1, eff. Oct. 1, 2001; Acts 2001, c. 148, § 1, eff. Oct. 1, 2001. Amended by Acts 2002, c. 19, § 1, eff. April 9, 2002.