4.2.14 Usury.
| Jurisdiction | Arizona |
A.R.S. § 44-1201(A) provides that interest on any loan, indebtedness, or obligation shall be ten percent “unless a different rate is contracted for in writing, in which event any rate of interest may be agreed to.” In Layne v. Transamerica Fin. Servs., Inc., 146 Ariz. 559, 707 P.2d 963 (App. 1985), the borrower agreed to pay a “Prepaid Finance Charge of 10% of the Total Amount of Loan,” in addition to the stated rate of interest on a loan. The borrower then raised a usury defense. The court held that...
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