- 5 - face amounts of the notes often exceeded the loan proceeds the borrower received. Two of the "new" notes, both dated July 11, 1990, are promises to pay unpaid interest on earlier loans. Petitioner and Mr. Aloi had worked together on some real estate deals in prior years. During the course of their relationship, petitioner made between 50 and 80 loans to Mr. Aloi. Because of their previous dealings, when he made the loans at issue here, petitioner did not receive a loan application from Mr. Aloi, request a financial statement, require collateral, or check the credit references of Mr. Aloi. In November of 1991 petitioner filed against Mr. Aloi, in the Circuit Court for Frederick County, Maryland, a Complaint for Confession of Judgment for the face amount on notes including the 30 described above. Among other allegations in response, Mr. Aloi alleged that the interest rate on some of the notes was usurious. The court agreed that interest on some of the notes was usurious, assessed monetary penalties against petitioner, and in February of 1995 entered judgment against Mr. Aloi to the extent of $474,140.38. Since February 27, 1995, petitioner has received nominal payments on the judgment he obtained against Mr. Aloi. On August 7, 1996, Mr. Aloi, petitioner, and Dr. Douglas Tavenner (another judgment creditor of Mr. Aloi) executed an agreed paymentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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