A lender offering a shared appreciation agreement is deemed to have given due regard to a borrower’s ability to repay if disclosures are provided by the lender to the borrower in compliance with Regulation .02 of this chapter, provided that:

1. A. The shared appreciation agreement does not require periodic payments prior to termination of the agreement; and
2. B. The term of the shared appreciation agreement is no less than 5 years.

Authority: Financial Institutions Article, §§2-105.1, 12-926, and 12-1030, Annotated Code of Maryland

Effective date: November 25, 2024 (51:23 Md. R. 1036)