Ohio Revised Code
Chapter 1349 | Consumer Protection
Section 1349.41 | Prohibited Conduct in Mortgage Loan Sale or Purchase.

Effective: January 1, 2007
Latest Legislation: Senate Bill 185 - 126th General Assembly
(A) As used in this section:
(1) "Consumer" means an individual to whom credit is offered or extended primarily for personal, family, or household purposes.
(2) "Lender" means a nonbank mortgage lender as defined in section 1345.01 of the Revised Code. "Lender" does not include a person that purchases or is assigned a loan or that functions solely as the servicer of a loan.
(3) "Mortgage" has the same meaning as in section 1322.01 of the Revised Code.
(B) A lender shall not engage in a transaction, practice, or course of business that is not in good faith or fair dealing, or that operates a fraud upon any person, in connection with the attempted or actual making, purchase, or sale of any mortgage loan.
(C) If a lender fails to comply with division (B) of this section, the affected consumer may recover damages of not less than all compensation paid directly or indirectly to the lender from any source, plus reasonable attorney's fees and court costs.
(D) The duty created by this section shall not be waived or modified.

Structure Ohio Revised Code

Ohio Revised Code

Title 13 | Commercial Transactions

Chapter 1349 | Consumer Protection

Section 1349.01 | Responsible Party Fails to Obtain Health Insurance.

Section 1349.02 | Termination of Motor Vehicle Lease by Person on Active Duty.

Section 1349.03 | Termination of Cellular Phone Contract by Person on Active Duty.

Section 1349.04 | Consumer Protection of Persons on Active Military Duty.

Section 1349.05 | Solicitation of Employment by Health Care Practitioner.

Section 1349.06 | Flea Market Sales Record of Purchases.

Section 1349.11 | Lending Institution May Not Require Use or Employment of Affiliated Real Estate Broker.

Section 1349.17 | Restricting Recording Credit Card, Telephone or Social Security Numbers.

Section 1349.18 | Printing Credit Card Number and Expiration Date on Receipt.

Section 1349.19 | Private Disclosure of Security Breach of Computerized Personal Information Data.

Section 1349.191 | Investigation of Noncompliance With Disclosure Laws.

Section 1349.192 | Civil Action by Attorney General for Violation of Disclosure Laws.

Section 1349.20 | Escrow Transactions Concerning Residential Realty Definitions.

Section 1349.21 | Disbursing From an Escrow Account.

Section 1349.22 | Advancing Funds for Incidental Fees.

Section 1349.25 | Covered Loan Definitions.

Section 1349.26 | Disclosures of Creditor Concerning Covered Loans.

Section 1349.27 | Creditor or Assignee - Prohibitions.

Section 1349.271 | Rules for Prepurchase Counseling.

Section 1349.29 | Right to Rescind.

Section 1349.30 | Voluntary Adjustments Correcting Errors.

Section 1349.31 | Criminal Proceedings Initiated.

Section 1349.32 | Conforming Ohio Law to Federal Law.

Section 1349.33 | Rules Adopting Similar Provisions Where Federal Law Is Amended or Modified.

Section 1349.34 | Examination and Investigation of Records.

Section 1349.35 | Annual Report.

Section 1349.36 | Administrative Rules.

Section 1349.37 | Office of Consumer Affairs.

Section 1349.41 | Prohibited Conduct in Mortgage Loan Sale or Purchase.

Section 1349.43 | Internet Database - Violations and Enforcement Information.

Section 1349.44 | Report on Financial Institutions Division Operations.

Section 1349.45 | Misleading or Deceptive Use of Financial Institution Name or Logo Prohibited.

Section 1349.51 | Prohibiting Disclosure of Certain Consumer Information.

Section 1349.52 | Security Freeze on Consumer Credit Report.

Section 1349.521 | Security Freeze on Consumer Credit Cards.

Section 1349.53 | Civil Action for Noncompliance With Security Freeze.

Section 1349.55 | Non-Recourse Civil Litigation Advance Contracts.

Section 1349.61 | Sale of Gift Card Expiring Within Two Years of Sale Prohibited.

Section 1349.65 | High-Volume Seller Definitions.

Section 1349.66 | High-Volume Seller Notification Requirements.

Section 1349.67 | High-Volume Seller Disclosure Requirements.

Section 1349.68 | High-Volume Seller Requirement Enforcement.

Section 1349.69 | Security Procedures and Practices.

Section 1349.70 | High-Volume Seller Duty to Disclose Certain Information.

Section 1349.71 | Partial Disclosure.

Section 1349.72 | Product Listing Disclosure.

Section 1349.73 | Penalty for Failing to Comply With Disclosure Requirements.

Section 1349.74 | Unfair or Deceptive Act Under Cspa.

Section 1349.75 | Severability.

Section 1349.76 | Legislative Intent.

Section 1349.78 | [Former r.c. 1349.72, Renumbered by h.b. 272, 134th General Assembly, Effective 7/6/2022] Written Notice to Debtor.

Section 1349.80 | Live Musical Performance Definitions.

Section 1349.81 | Deception Respecting Relationship of Performing and Recording Group.

Section 1349.82 | Violation of Rc 1349.81.

Section 1349.99 | Penalty.