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Chapter 1. General Provisions and Definitions
24-4.4-1-101. Short Title; Licensing System for Creditors and Mortgage Loan Originators; Emergency Rules; Federal Law - Sec. 101. (a) This article shall be known and may...
24-4.4-1-102. Purposes; Rules of Construction - Sec. 102. (1) This article shall be liberally construed and...
24-4.4-1-103. Unified Coverage of Subject Matter; Construction Against Implied Repeal - Sec. 103. This article: (1) is a general act intended...
24-4.4-1-104. Severability - Sec. 104. The provisions of this article are severable, so...
24-4.4-1-201. Application; Nonresident Debtor - Sec. 201. (1) Except as provided in subsection (2), this...
24-4.4-1-202. Exempt Transactions and Persons - Sec. 202. (a) As used in this section, "balloon payment",...
24-4.4-1-202.5. Persons Also Engaging in Activities of a Loan Broker; Examination by Department; Cooperation With Securities Division - Sec. 202.5. (1) If a person licensed or required to...
24-4.4-1-203. Repealed - As added by P.L.145-2008, SEC.20. Repealed by P.L.35-2010, SEC.209.
24-4.4-1-204. Entities Also Conducting Activities of a Loan Broker; Cooperation With Securities Commissioner - Sec. 204. In the department's examination and regulatory activities related...
24-4.4-1-205. Carrying on Other Business - Sec. 205. A licensee may carry on other business at...
24-4.4-1-301. Definitions - Sec. 301. In addition to definitions appearing in subsequent chapters...
Chapter 2. Miscellaneous
24-4.4-2-101. Short Title - Sec. 101. This chapter shall be known and may be...
24-4.4-2-201. Duty to Provide Payoff Amount; Liability for Failure to Provide; Prepayment Penalty Prohibited for Adjustable Rate Mortgages; Short Sales; Foreclosed Property; No Protection From Deficiency Judgment - Sec. 201. (1) A creditor or mortgage servicer shall provide,...
24-4.4-2-202. Federal Disclosure Requirements; Creditor's Duty to Comply; Exempt Transactions - Sec. 202. (1) The creditor shall comply with disclosure requirements...
24-4.4-2-301. Violation of State or Federal Law, Regulation, or Rule; Enforcement - Sec. 301. (1) A violation of a state or federal...
24-4.4-2-401. License Required; Registration With Nmlsr; Licensed Mortgage Loan Originators; Loan Processor or Underwriting Activities; Applications for Licensure; Director's Authority to Contract With Nmlsr - Sec. 401. (1) Unless a person subject to this article...
24-4.4-2-402. Applications for Licenses; Issuance; Evidence of Compliance; Use of Nmlsr; Denial of Application; Right to Hearing; Fees; License Not Assignable or Transferable; Tax Warrant List - Sec. 402. (1) The department shall receive and act on...
24-4.4-2-402.1. National Criminal History Background Check; Fingerprints; Payment of Fees or Costs; Use of Nmlsr - Sec. 402.1. (1) When the director requests a national criminal...
24-4.4-2-402.2. Credit Reports; Payment of Fees or Costs; Demonstrated Financial Responsibility; Considerations - Sec. 402.2. (1) If the director requests a credit report...
24-4.4-2-402.3. Surety Bond; Requirements; Amount; Termination; Liability; Notices - Sec. 402.3. (1) Each: (a) creditor; and (b) person that...
24-4.4-2-402.4. Use of Nmlsr in Department's Licensing System; Reporting of Information to Nmlsr; Confidentiality; Director's Authority to Enter Agreements; Waiver of Privilege; Processing Fee; Electronic Records - Sec. 402.4. (1) Subject to subsection (6), the director shall...
24-4.4-2-403. License Renewal; Revocation or Suspension of License Not Renewed; Reinstatement or Appeal; Correcting Amendments - Sec. 403. (1) A mortgage license issued by the department...
24-4.4-2-404. Suspension or Revocation of License as Creditor; Order to Show Cause; Order of Suspension or Revocation; Relinquishment of License; Preexisting Contracts; Emergency Order for Revocation - Sec. 404. (1) The department may issue to a person...
24-4.4-2-404.1. Violations by Individuals; Persons Convicted of Felonies; Civil Penalties; Creditor's Duty to Notify Department of Discharge or Termination - Sec. 404.1. (1) If the director determines that a current...
24-4.4-2-404.2. Director's Notice of Intent to Issue Order; Contents; Hearing; Final Order; Suspension or Prohibition Pending Final Order; Official Record - Sec. 404.2. (1) A notice issued under this chapter must:...
24-4.4-2-404.3. Consent Agreement; Notice of Charges Not Required - Sec. 404.3. If the director enters into a consent to...
24-4.4-2-404.4. Final Order; Penalties; Time for Issuance; Consent Presumed Upon Failure to Appear - Sec. 404.4. (1) If, after a hearing described in section...
24-4.4-2-404.5. Final Order; Effective Date; Authority of Department or Court to Stay, Modify, or Vacate - Sec. 404.5. (1) A final order issued under this chapter...
24-4.4-2-404.6. Factors for Determining Amount of Civil Penalty; Indemnification by Creditor Prohibited; Deposit of Civil Penalties in Financial Institutions Fund - Sec. 404.6. (1) The director or the department, as appropriate,...
24-4.4-2-404.7. Authority of Director to Enforce Orders, Agreements, or Conditions in Court - Sec. 404.7. The director may enforce any of the following...
24-4.4-2-405. Record Keeping; Use of Unique Identifier on Forms and Documents; Use of Examination and Regulatory Software; Reports of Condition to Nmlsr; Financial Statements; Notice to Department of Certain Events or Changes - Sec. 405. (1) Every licensee shall maintain records in a...
24-4.4-2-406. Change in Control of Creditor; Application to Department; Timeframe for Department's Decision; Conditions for Approval; Creditor's Duty to Report Transfer of Securities; Director's Discretion to Require New License - Sec. 406. (1) As used in this section, "control" means...
24-4.4-2-501. Creditor's Duty to Comply With Closing Requirements - Sec. 501. A creditor in a first lien mortgage transaction...
24-4.4-2-502. Debtor's Right to Rescind; Accruing Interest Prohibited During Rescission Period; Disbursement of Proceeds - Sec. 502. (1) A violation by a creditor in a...
24-4.4-2-503. Reverse Mortgages; Pamphlet; Counseling Required for Debtor - Sec. 503. A creditor in a first lien mortgage transaction...
Chapter 3. Administration
24-4.4-3-101. Short Title - Sec. 101. This chapter shall be known and may be...
24-4.4-3-102. Application - Sec. 102. This chapter applies to a person that engages...
24-4.4-3-103. Powers of Department; No Liability for Conforming Act or Omission - Sec. 103. (1) In addition to other powers granted by...
24-4.4-3-104. Department's Examination and Investigatory Authority; Record Retention; Director's Authority to Control Access to Records; Court Order Compelling Compliance; Confidentiality; Costs; Vendors - Sec. 104. (1) In administering this article and in order...
24-4.4-3-104.5. Powers of Director - Sec. 104.5. To carry out the purposes of this section,...
24-4.4-3-104.6. Prohibited Acts - Sec. 104.6. It is a violation of this article for...
24-4.4-3-105. Applicability of Laws Governing Administrative Orders and Rules; Venue; Emergency Rulemaking Authority - Sec. 105. Except as otherwise provided, IC 4-21.5-3 governs any...
24-4.4-3-106. Cease and Desist Orders; Judicial Review or Enforcement Proceedings; Record; Appeal; Unconscionable or Fraudulent Conduct Subject to Injunction - Sec. 106. (1) After notice and hearing, the department may...
24-4.4-3-107. Assurance of Discontinuance of Conduct; Failure to Comply - Sec. 107. If it is claimed that a person has...
24-4.4-3-108. Civil Action by Department to Restrain Violation - Sec. 108. The department may bring a civil action to...
24-4.4-3-109. Civil Action by Department to Enjoin Deceptive Act - Sec. 109. (1) As used in this section, "deceptive act"...
24-4.4-3-110. Department's Application to Court for Temporary Relief or Restraining Order - Sec. 110. With respect to an action brought under: (a)...
24-4.4-3-111. Civil Action by Department for Willful Violation; Imposition of Civil Penalty by Department; Restitution - Sec. 111. (1) The department may bring a civil action...
24-4.4-3-112. Repealed - As added by P.L.145-2008, SEC.20. Repealed by P.L.35-2010, SEC.209.
24-4.4-3-113. Rights of Debtors Not Affected - Sec. 113. The grant of powers to the department under...
24-4.4-3-114. Actions Brought by Department; Venue - Sec. 114. The department may bring an action or a...
24-4.4-3-115. "Civil Court" - Sec. 115. As used in this article, "civil court" means...