Indiana Code
Title 24. Trade Regulation
Article 9. Home Loan Practices

Chapter 1. Application

24-9-1-1. Application of Article - Sec. 1. Except for IC 24-9-3-7(c)(3), IC 24-9-3-7(c)(4), and IC...

Chapter 2. Definitions

24-9-2-1. Applicability - Sec. 1. The definitions in this chapter apply throughout this...

24-9-2-2. "Benchmark Rate" - Sec. 2. "Benchmark rate" means the interest rate established under...

24-9-2-3. "Bona Fide Discount Points" - Sec. 3. "Bona fide discount points" means loan discount points...

24-9-2-4. "Borrower" - Sec. 4. "Borrower" means a person obligated to repay a...

24-9-2-5. "Bridge Loan" - Sec. 5. "Bridge loan" means temporary or short term financing...

24-9-2-6. "Creditor" - Sec. 6. (a) "Creditor" means: (1) a person: (A) who...

24-9-2-7. "Deceptive Act" - Sec. 7. (a) "Deceptive act" means: (1) an act or...

24-9-2-8. "High Cost Home Loan" - Sec. 8. (a) "High cost home loan" means a home...

24-9-2-9. "Home Loan" - Sec. 9. (a) "Home loan" means a loan, other than...

24-9-2-9.5. "Land Contract" - Sec. 9.5. "Land contract" means a contract for the sale...

24-9-2-10. "Points and Fees" - Sec. 10. (a) Except as provided in subsection (b), "points...

24-9-2-11. "Political Subdivision" - Sec. 11. "Political subdivision" means a municipality, school district, public...

24-9-2-12. "Rate" - Sec. 12. "Rate" means the interest rate charged on a...

24-9-2-13. "Total Loan Amount" - Sec. 13. "Total loan amount" means the principal of the...

24-9-2-14. "Trigger Rate" - Sec. 14. "Trigger rate" means: (1) for fixed rate home...

Chapter 3. Prohibited Lending Practices Generally

24-9-3-0.1. Chapter Not Applicable to Loans Made Before January 1, 2005 - Sec. 0.1. Notwithstanding the addition of this chapter and IC...

24-9-3-1. Financing of Certain Premiums, Penalties, and Fees Prohibited - Sec. 1. (a) A creditor making a home loan may...

24-9-3-2. Subsidized Low Rate Loans - Sec. 2. (a) A creditor may not knowingly or intentionally...

24-9-3-3. Default on Existing Loan - Sec. 3. A creditor may not recommend or encourage default...

24-9-3-4. Date of Payment - Sec. 4. A creditor shall treat each payment made by...

24-9-3-5. Loan Acceleration - Sec. 5. (a) A home loan agreement may not contain...

24-9-3-6. Fee Prohibited for Payoff Statement or Written Release; Prepayment Penalty Prohibited for Adjustable Rate Home Loans; Short Sale; Acknowledgment of Offer; Acceptance or Rejection; Liability for Failure to Respond - Sec. 6. (a) A creditor may not charge a fee...

24-9-3-7. Mortgage Transactions and Real Estate Transactions; Prohibited Acts; Land Contracts; Written Notice of Encumbrances - Sec. 7. (a) As used in this section, "mortgage transaction"...

24-9-3-8. Intimidation, Coercion, and Harassment Prohibited - Sec. 8. A person seeking to enforce section 7(c)(3), 7(c)(4),...

24-9-3-9. Prohibited Discrimination - Sec. 9. It is unlawful for a creditor to discriminate...

Chapter 4. Additional Prohibitions for High Cost Home Loans

24-9-4-0.1. Chapter Not Applicable to Loans Made Before January 1, 2005 - Sec. 0.1. Notwithstanding the addition of IC 24-9-3 and this...

24-9-4-1. Limitations and Prohibited Practices - Sec. 1. The following additional limitations and prohibited practices apply...

24-9-4-2. Points and Fees Charged in Certain Refinance Transactions; Evasive Division of Home Loans Prohibited - Sec. 2. A creditor may not knowingly or intentionally: (1)...

24-9-4-3. Balloon Payments - Sec. 3. Notwithstanding IC 24-4.5-3-402, a high cost home loan...

24-9-4-4. Payment Terms; Collection of Interest Due - Sec. 4. (a) Except as provided in subsection (b), a...

24-9-4-5. Acceleration After Default - Sec. 5. A high cost home loan may not contain...

24-9-4-6. Consolidated Periodic Payments Paid From Loan Proceeds - Sec. 6. A high cost home loan may not include...

24-9-4-7. Counseling Agency Contact Information - Sec. 7. A creditor may not make a high cost...

24-9-4-8. Repayment Ability; Commercially Reasonable Practices to Determine Debt to Income Ratio - Sec. 8. (a) A creditor may not make a high...

24-9-4-9. Payments to Home Improvement Contractors - Sec. 9. A creditor may not pay a contractor under...

24-9-4-10. Modification, Renewal, Extension, Amendment, or Deferral of Loan Terms; Fees and Charges Prohibited - Sec. 10. A creditor may not charge a borrower any...

24-9-4-11. Notice to Borrower - Sec. 11. A creditor may not make a high cost...

24-9-4-12. High Cost Home Loan Agreements; Unconscionable and Void Provisions - Sec. 12. Without regard to whether a borrower is acting...

Chapter 5. Claims, Defenses, Remedies

24-9-5-1. Purchaser or Assignee Subject to Affirmative Claims and Defenses; Claims Available to Borrower - Sec. 1. (a) A person who purchases or is otherwise...

24-9-5-2. Acceleration; Reinstatement of High Cost Home Loan After Cure of Default - Sec. 2. (a) If a creditor asserts that grounds for...

24-9-5-3. Foreclosure Proceedings - Sec. 3. (a) A creditor making a high cost home...

24-9-5-4. Liability for Violation; Exceptions; Damages; Equitable Relief; Recoupment; Action by Homeowner Protection Unit for Deceptive Act; Statute of Limitations; Priority of Damages Over Civil Penalties - Sec. 4. (a) This section does not apply to a...

24-9-5-4.1. General Assembly Intent Relating to Certain Amendments Made to Section 4 of This Chapter - Sec. 4.1. The general assembly intends the amendment of section...

24-9-5-5. Unintentional or Erroneous Violations; Corrections by Creditors - Sec. 5. (a) If the creditor or an assignee establishes...

24-9-5-6. Relation to Other Laws - Sec. 6. The rights conferred by this article are in...

Chapter 6. Reporting Requirements

24-9-6-1. Requirements for Servicers of High Cost Home Loans - Sec. 1. (a) A servicer of a high cost home...

Chapter 7. State Power to Regulate Lending

24-9-7-1. State Sole Regulator of Loans and Credit - Sec. 1. The state is the sole regulator of the...

24-9-7-2. Political Subdivisions; Prohibited Practices - Sec. 2. Political subdivisions may not: (1) enact, issue, or...

Chapter 8. Penalties and Enforcement

24-9-8-1. Penalties; Exception - Sec. 1. A person who knowingly or intentionally violates this...

24-9-8-2. Homeowner Protection Unit - Sec. 2. (a) Beginning July 1, 2005, the attorney general...

24-9-8-3. Enforcement Actions by Attorney General; Exception; Civil Penalty for Violation of Injunction; Jurisdiction of Court - Sec. 3. (a) This section does not apply to a...

24-9-8-4. Complaints - Sec. 4. The attorney general may file complaints with any...

Chapter 9. Fees

24-9-9-1. Mortgage Recording Fee - Sec. 1. The county recorder shall assess a fee for...

24-9-9-2. Repealed - As added by P.L.73-2004, SEC.33. Amended by P.L.1-2010, SEC.99. Repealed...

24-9-9-3. Distributions to Auditor of State - Sec. 3. On or before June 20 and December 20...

24-9-9-4. Distributions by Auditor of State - Sec. 4. On or before June 30 and December 31...