5-527 - Enforceability of compound interest.

§ 5-527. Enforceability  of  compound  interest.    1. A loan or other  agreement  providing  for  compound  interest   shall   be   enforceable  notwithstanding the date that such loan or other agreement providing for  such compound interest shall have been executed; provided, however, that  such  compound interest shall begin to accrue and become due and payable  on the later to  occur  of  (a)  June  twenty-fourth,  nineteen  hundred  eighty-nine  or  (b)  the  date that any obligation to pay such compound  interest may have arisen, including, but not limited to, the date of any  default or event of default under such loan or  other  agreement.    For  purposes  of  this  subdivision, the term "compound interest" shall mean  the accruing of interest upon unpaid interest  irrespective  of  whether  such unpaid interest is added to the principal debt.    2.  The provisions of this section shall not be applicable to any loan  or other financing agreement where the original principal debt is in  an  amount  of two hundred fifty thousand dollars or less, or to any loan or  other financing agreement secured primarily  by  a  one  or  two  family  owner-occupied  residence.  For  purposes  of  this subdivision the term  "residence" shall include a lessee's interest  in  a  proprietary  lease  granted by a cooperative housing corporation.    3.  Notwithstanding the provisions of subdivision two of this section,  nothing in this section shall affect the maximum rate of interest  which  may be charged, taken or received as provided by law, or be construed to  limit,  impair or otherwise affect any loan or other agreement which is,  or would be, enforceable without reference to  this  section,  including  but  not  limited  to an agreement made pursuant to section six-f of the  banking law.