Section 3-402 - Limitation on default charges1. The agreement with respect to a consumer credit transaction may not provide for any charges as a result of default by the consumer, except that the agreement may provide for the following:A. Charges authorized by other provisions of this Act; [1991, c. 237(NEW).]B. Notwithstanding section 2-507, reasonable charges incurred in realizing on a security interest in personal property securing a consumer loan, consumer lease or a consumer credit sale, other than attorney's fees; and [1999, c. 150, §5(AMD).]C. Notwithstanding section 2-507, reasonable attorney's fees, legal expenses and other reasonable costs incurred in realizing on real property securing a consumer loan or a consumer credit sale. [1991, c. 237(NEW).] [1999, c. 150, §5(AMD).]
2. A provision in violation of this section is unenforceable. [1991, c. 237(NEW).]
3. Notwithstanding subsections 1 and 2, a creditor that complies with Title 14, sections 6071 and 6073 is entitled to the remedies provided in those sections when an instrument that the creditor has taken in connection with a consumer loan, consumer lease or consumer credit sale is dishonored. [1999, c. 150, §6(NEW).]
1973, c. 762, § 1 (NEW) . 1981, c. 293, § 4 (AMD) . 1991, c. 237, (RPR) . 1999, c. 150, §§5,6 (AMD) .