Subject to the provisions of the second paragraph, it is an offence for a lender to grant a life mortgage without making a prior offer to the borrower in accordance with Article L. 315-9 or under conditions that do not comply with articles L. 315-10 and L. 315-11 may result in forfeiture of the right to interest in full or in the proportion set by the judge.
In the event that the annual percentage rate of charge determined in accordance with articles L. 314-1 to L. 314-4, the lender may be deprived of the right to interest in the proportion determined by the judge, with particular regard to the harm caused to the borrower.