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Usury is charging an unconscionable and exorbitant rate or amount of interest for a loan. Usury does not depend on a question whether the lender actually gets more than the legal rate of interest or not; but on whether there was a purpose in his mind to make more than legal interest of the use of money, and whether, by the terms of the transaction, and the means used to effect the loan, he may by its enforcement be enabled to get more than the legal rate. American Nat. Ins. Co. v. Schenck, Tex.Civ.App., 85 S.W.2d 833, 837. Under US law and most other legal systems, a loan is permitted between two parties, with or without the payment of interest; but the interest cannot exceed the maximum rates provided by the law. Under any circumstances, the granting of the loan is premised on the promise and expectation of repayment of the principal, the original amount of the loan, and the interest accrued at the rate agreed upon between the parties, on the terms agreed to between the parties. |
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