Sec. 109. (1) "Loan finance charge" means the sum of:
(a) all charges payable directly or indirectly by the debtor and imposed directly or indirectly by the lender as an incident to the extension of credit, including any of the following types of charges which are applicable: interest or any amount payable under a point, discount, or other system of charges, however denominated, premium or other charge for any guarantee or insurance protecting the lender against the debtor's default or other credit loss; and
(b) charges incurred for investigating the collateral or credit-worthiness of the debtor.
The term does not include charges as a result of default, additional charges (IC 24-4.5-3-202), delinquency charges (IC 24-4.5-3-203.5), or deferral charges (IC 24-4.5-3-204). The term does not include charges paid or payable to a third party that are not required by the lender as a condition or incident to the extension of credit except for borrower paid mortgage broker fees, including fees paid directly to the broker or the lender (for delivery to the broker), whether the fees are paid in cash or financed. However, borrower paid mortgage broker fees do not include fees paid to a mortgage broker by a creditor, including yield spread premiums and service release fees.
(2) If a lender makes a loan to a debtor by purchasing or satisfying obligations of the debtor pursuant to a lender credit card or similar arrangement, and the purchase or satisfaction is made at less than the face amount of the obligation, the discount is not part of the loan finance charge.
Formerly: Acts 1971, P.L.366, SEC.4. As amended by P.L.247-1983, SEC.15; P.L.14-1992, SEC.24; P.L.172-1997, SEC.4.
Structure Indiana Code
Article 4.5. Uniform Consumer Credit Code
24-4.5-3-0.1. Application of Certain Amendments to Chapter
24-4.5-3-105. "Consumer Loan"; First Lien Mortgage Transaction Not Included
24-4.5-3-107. Definitions; "Lender"; "Precomputed"; "Principal"
24-4.5-3-108. "Revolving Loan Account"
24-4.5-3-109. "Loan Finance Charge"
24-4.5-3-204. Deferral Charges
24-4.5-3-205. Loan Finance Charge on Refinancing
24-4.5-3-206. Loan Finance Charge on Consolidation
24-4.5-3-207. Conversion to Revolving Loan Account
24-4.5-3-208. Advances to Perform Covenants of Debtor
24-4.5-3-210. Rebate Upon Prepayment
24-4.5-3-301. Disclosures Required by Consumer Credit Protection Act; Exempt Transactions
24-4.5-3-402. Balloon Payments; Compliance With Alternative Mortgage Transaction Parity Act
24-4.5-3-403. No Assignment of Earnings
24-4.5-3-405. Limitation on Default Charges
24-4.5-3-406. Notice of Assignment
24-4.5-3-407. Authorization to Confess Judgment Prohibited
24-4.5-3-501. Definitions; "Supervised Loan"; "Supervised Lender"
24-4.5-3-505.5. Automated Loan Machines
24-4.5-3-509. Use of Multiple Agreements
24-4.5-3-510. Restrictions on Interest in Land as Security
24-4.5-3-511. Regular Schedule of Payments; Maximum Loan Term
24-4.5-3-512. Carrying on Other Business
24-4.5-3-513. Application of Other Provisions
24-4.5-3-601. Loans Subject to Article by Agreement of Parties
24-4.5-3-603. Applicability of Other Provisions to Consumer Related Loans
24-4.5-3-604. Limitation on Default Charges in Consumer Related Loans
24-4.5-3-605. Loan Finance Charge for Other Loans
24-4.5-3-606. Required Disclosures; Liability on Fraudulently Cashed Instruments
24-4.5-3-701. Requirement to Provide Property Tax Information in Certain Transactions