Mariam Bibi, F/k/a Mariam Raja, Appellant v. Kevin Elfrink, Javed Raja, and Any Other Occupants, Appellees

Summary

The court held that Bibi had standing to pursue her usury claim and that the lender's $4,000 funding fee was disguised interest, making the original loan usurious during the period when the statutory interest cap applied. It further held that the loan modifications formed a single loan, that foreclosure proceeds constituted payment for usury purposes, and that Bibi's claim was timely and potentially entitled her to double the usurious interest paid. The court affirmed the denial of Bibi's title and possession claim because the senior foreclosure extinguished her junior interest, but remanded for calculation of the usury award, any surplus proceeds, and fees and costs.