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A parent took out a large loan against commercial real estate he owns. The loan is in foreclosure. The interest rate was 16 percent, all prepaid. There was also a prepayment penalty clause. The term was one year. The lender also took 6 origination points. (His broker took 2 points too.) My question is if prepaid interest can be used in calculating criminal usury, which is 25 percent in New York. I believe the Effective Interest Rate is how it is calculated, which appears to be higher than 25 percent IF prepaid interest is included. I know that there is some case law allowing broker's points to be included as well, so any information on that issue would be helpful also.I should also add that the loan is with a private lender, without a license, and it was for under 2.5 million (but over 250,000).