Sec. 409. (1) If debts arising from two (2) or more consumer credit sales, other than sales pursuant to a revolving charge account, are secured by cross-collateral (IC 24-4.5-2-408) or consolidated into one (1) debt payable on a single schedule of payments, and the debt is secured by security interests taken with respect to one (1) or more of the sales, payments received by the seller after the taking of the cross-collateral or the consolidation are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been first applied to the payment of the debts arising from the sales first made. To the extent debts are paid according to this section, security interests in items of property terminate as the debt originally incurred with respect to each item is paid.
(2) Payments received by the seller upon a revolving charge account are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been applied first to the payment of credit service charges in the order of their entry to the account and then to the payment of debts in the order in which the entries to the account showing the debts were made.
(3) If the debts consolidated arose from two (2) or more sales made on the same day, payments received by the seller are deemed, for the purpose of determining the amount of the debts secured by the various security interests, to have been applied first to the payment of the smallest debt.
Formerly: Acts 1971, P.L.366, SEC.3. As amended by P.L.247-1983, SEC.13.
Structure Indiana Code
Article 4.5. Uniform Consumer Credit Code
24-4.5-2-106. "Consumer Lease"
24-4.5-2-108. "Revolving Charge Account"
24-4.5-2-109. "Credit Service Charge"
24-4.5-2-111. "Amount Financed"
24-4.5-2-203.5. Delinquency Charges
24-4.5-2-204. Deferral Charges
24-4.5-2-205. Credit Service Charge on Refinancing
24-4.5-2-206. Credit Service Charge on Consolidation
24-4.5-2-208. Advances to Perform Covenants of Buyer
24-4.5-2-210. Rebate Upon Prepayment
24-4.5-2-301. Disclosures Required by Consumer Credit Protection Act; Exempt Transactions
24-4.5-2-402. Use of Multiple Agreements
24-4.5-2-405. Balloon Payments
24-4.5-2-406. Restriction on Liability in Consumer Lease
24-4.5-2-407. Security Interests
24-4.5-2-407.5. Leasing of Live Domestic Animals Prohibited
24-4.5-2-408. Cross-Collateral
24-4.5-2-409. Debt Secured by Cross-Collateral
24-4.5-2-410. No Assignment of Earnings
24-4.5-2-412. Notice of Assignment
24-4.5-2-414. Limitation on Default Charges
24-4.5-2-415. Authorization to Confess Judgment Prohibited
24-4.5-2-501. "Home Solicitation Sale"
24-4.5-2-502. Buyer's Right to Cancel
24-4.5-2-601. Sale Subject to Article by Agreement of Parties
24-4.5-2-603. Applicability of Other Provisions to Consumer Related Sales
24-4.5-2-604. Limitation on Default Charges in Consumer Related Sales