Wednesday, November 2, 2011

Maximum Interest on Private Loans in New York

Much has been written about how difficult it is now to obtain financing for small businesses. Banks charge high interest rates, and it is tough to qualify even for a bank loan. Angel or VC funding is even harder to come by. So, to secure funding, business owners turn to their friends and family members for loans. Business owners may feel so appreciative of much needed loans, that they may be willing to pay whatever interest they are asked, even if it is 50%.

This blog is to educate the New York residents and business owners as to how much interest they can really charge or be charged on such private loans made by private individuals or corporations (not banking institutions or credit card companies, where separate laws apply).

Charging high interest rates (that exceed the state maximum) is called “loansharking” (as many may be familiar with such term through the movies). In legal jargon, excessively high interest rates are called “usurious”, i.e., illegal. Usury laws regulate within each state the maximum interest rate that may be charged on a money loan. In New York, there are civil law limits found in the General Obligations Law and the Banking Law, and there are criminal law limits, found in the Penal Code.

So, what are the usury limits in New York?

For loans made to individuals, if the loan does not exceed $250,000, the maximum annual civil law interest rate is 16%, and the maximum criminal law interest rate is 25%. For loans between $250,000 and $2.5 million, there is no maximum civil law rate, but there is a 25% maximum criminal law rate. There is no maximum on the interests charged on loans over $2.5 million.

For loans made to corporations, there is no maximum civil law rate of interest, but there is a 25% maximum criminal law interest rate for loans not exceeding $2.5 million.

What happens if the interest rate exceeds the state limit?

If this happens, the entire loan is considered void, and the lender may be denied the right to recover the interest and even the principal. In addition, the borrower may be allowed to recover any “extra” portion of interest that he or she has paid to the lender. If the interest exceeds the maximum criminal usury limit, the lender may face a felony prosecution.

Please note that laws change all the time, and the information in this blog is only accurate as of the time when it was written. Also, this blog does not provide information regarding loans secured by mortgages (where separate rules apply). It is always best to consult a business attorney to check the current usury laws and to prepare the appropriate loan documentation.

This article is not a legal advice, and was written for general informational purposes only.  If you have questions or comments about the article or are interested in learning more about this topic, feel free to contact its author, Arina Shulga.  Ms. Shulga is the founder of Shulga Law Firm, P.C., a New York-based boutique law firm specializing in advising individual and corporate clients on aspects of business, corporate, securities, and intellectual property law.

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  2. You need follow bank lending criteria to make sure the contract you have with them will not become null. And I think wherever it is rules are being implemented.

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  3. Hi - I have an urgent question regarding usury in New York state. An older family member took out a large loan on three pieces of property he owns. Two are owned by him directly, and one by his corporation. The loan was from a private lender and it was for 1.6 million dollars. The terms were one year at 16 percent. The loan is now in default and he is the final stages of foreclosure. I am assuming that because of the amount and the fact that his corporation is one of the principals on the loan, we could not point to usury at 16 percent. However, I am wondering about 25 percent, and here is how it breaks down: the lender took $350,000 at the closing for prepaid interest (that is more than 16 percent, it is around 21 percent, and I am assuming that this is for points. Nothing is stated in the closing statement or mortgage specifically.) And then, a broker and my relative's attorney (who I believe to be crooked), both took large fees on the deal. The broker received $48,000 and the attorney received $125,000. I do not think the attorney can claim that just in legal fees, and that he too took points. NEITHER the broker nor the attorney are licensed real estate brokers. I do not know enough about New York usury law, and information online is limited, but I have read in California that an unlicensed broker cannot fall under the usury exemption and that those fees can sometimes be considered additional interest. If so in this case, we would reach the 25% needed of 1.5 million. Does anyone know if we could claim those broker and attorney fees as interest points? It is a matter of great urgency, and any advice would be appreciated. My name is Allan and my email is Primpx2@aol.com if anyone could respond. Many thanks.

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      Good day everyone, I am Mr Johnny Elvis by name, i am a citizen of new york USA, i have been looking forward for a genuine loan company for the past 2 months and all i got was group of scams who made me to trust them and at the end of the day, they duped me of $7000 without giving anything in return, all my hope was lost, i got confused and frustrated,i find it very difficult to feed my family, i never wanted to have anything to do with loan companies on net again, because i never trusted any loan company again since i was scammed, so i went to borrow some money from a friend, i told him all that happened and he said he can help me, that he knows a loan company that can help me, that he just got a loan from them, he directed me on how to apply for the loan, i did as he told me, i applied, though i never believed but i tried and to my greatest surprise my loan was granted to me within 24 hours, i could not believe, i am happy and rich again and i am thanking God that upon this scams all over the places a genuine company like this still exist, please i advise everyone out there who are in need of loan and can be reliable, trusted and capable of paying back at the due time of funds to contact (eladioloancompany@yahoo.com ) or (eladioloancompany@gmail.com) and be free from scams on the internet. they will never disappoint you.

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  87. My Name Is Mrs Helley Jenna I want You all To be careful there.nobody can help you here or even suggest how you can get financial help.any answer of a loan lender to your question,you MUST ignore,because they are SCAMS…real SCAMS…i was a victim of which i was ripped thousands of dollars…well thank God for a Tony Tarton Loan Company I was referred to by my cousin,who is by name,Mr.Shepherd Luis Of pay day loan firm.They made my life a valuable one,and gave it a meaning.I was approved loan of $78,000.00 USD AND IN 28 HOURS after meeting up to their necessary requirements,my loan was deposited in my bank account.Though I was very nervous with the loan company at the first place due to my previous bad experiences,especially when the issue of me settling the transfer charges came up,I hold on to my faith due to the fact that my relative referred me,got it cleared,and as God should have it.little did I know that my financial shortcomings has come to a final HALT .If not for that quick referral from a relative of that genuine source ,I would have regretted my total life,because at that point in time I just divorced the father of my daughter,and my daughter (Beliana) was faced with a ” between life and death ” situation ..I was faced with her hospital bills and was also faced with foreclosure at my apartment.Details of the GOD SENT and RELIEVING source won’t be disclosed to you for now, for fear of impersonation ( because it has being discovered that some persons are not really in need of financial help,but are there to impersonate real loan lenders through their phone numbers and email accounts,and acting to be them where necessary to those in real need)…I couldn’t comment on your post because it was a public place and I fear you would fall into the hand of all these fraudulent loan officers (even in US) like how they ripped me off.You must be able to convince me real hard,and provide good proofs,before I can give you the full details of this legitimate loan officer..Their charge is very affordable and reliable compare to many out there,their interest rates just 2%,little documentation,and little credit check(irrespective of your credit score,but you MUST have a good and liable income source) His Name is Mr Tony Harton, Feel free to email him at his via Email:tonyharton32@gmail.com”and you will be free from scams. thanks as you read the greatest testimony of my life.

    Mrs Helley Jenna

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