Reprinted
January 30, 2008
HOUSE BILL No. 1211
_____
DIGEST OF HB 1211
(Updated January 29, 2008 7:33 pm - DI 101)
Citations Affected: IC 6-1.1; IC 20-24; IC 20-30; IC 24-4.5; IC 24-9;
IC 34-30; noncode.
Synopsis: Various home loan matters. Requires the department of
local government finance (DLGF) to establish an electronic system for
the collection and storage of sales disclosure form data for real estate
conveyances. Provides that the system must allow closing agents to
input the sales disclosure form data into the system; and (2) submit the
form electronically to a data base maintained by the DLGF. Requires
the DLGF to make the data base accessible to county auditors, county
and township assessors, and the legislative services agency. Requires
the DLGF to establish electronic systems that automatically apply: (1)
the mortgage deduction to a person entitled to the deduction; and (2)
the homestead credit to a person entitled to the credit. Provides that the
systems must allow closing agents to: (1) input information about the
mortgage transaction that is the basis for the deduction or the credit;
and (2) submit the form electronically to data bases maintained by the
DLGF. Requires the DLGF to make the data bases accessible to county
auditors. Requires a county auditor to accept an electronic filing for the
mortgage deduction or the homestead credit if the filing is complete.
Prohibits a county auditor from requiring any other information or form
of identification for a person to claim the mortgage deduction or the
homestead credit. Requires the DLGF to establish an electronic system
for the collection and storage of the: (1) names; and (2) license,
registration, or certificate numbers; of certain professionals that
(Continued next page)
Effective: Upon passage; July 1, 2008; January 1, 2009.
Murphy, Bardon
January 14, 2008, read first time and referred to Committee on Financial Institutions.
January 24, 2008, reported _ Do Pass.
January 29, 2008, read second time, amended, ordered engrossed.
Digest Continued
participate in or assist with residential mortgage transactions. Provides
that the system must allow closing agents to: (1) input the required
information with respect to each professional involved in the
transaction; and (2) submit the form electronically to a data base
maintained by the DLGF. Requires the DLGF to make the data base
accessible to: (1) the state agencies responsible for regulating the
specified professionals; and (2) the homeowner protection unit in the
attorney general's office. For residential mortgage transactions that
close after June 30, 2008, and before January 1, 2010, requires a
closing agent to do the following at the time of closing: (1) In the case
of a first lien purchase money mortgage transaction, provide the
customer with the sales disclosure form prescribed by the DLGF and
the applications for the homestead credit and the mortgage deduction.
(2) In the case of a refinancing, provide the customer with the
application for the mortgage deduction. (3) Require the customer to
complete and sign the form or forms provided. (3) Collect the signed
and completed forms for filing. (4) Inform the customer of other
specified property tax deductions by providing the customer with a
form prescribed by the DLGF that describes the deductions. Requires
the closing agent to file the signed forms with the appropriate county
auditor. For a residential mortgage transaction that closes after
December 31, 2009, requires a closing agent to input and submit the
following information to the appropriate data bases maintained by the
DLGF, as applicable: (1) Information to enable the customer to obtain
the mortgage deduction and the homestead credit. (2) Sales disclosure
form data. (4) The names and license, certificate, or registration
numbers of specified professionals involved in the transaction.
Provides that: (1) purchase money mortgage transactions; and (2)
refinancings of first lien mortgage transactions; are subject to
regulation under the Uniform Consumer Credit Code (UCCC).
Requires settlement service providers to make closing documents
available to borrowers at least 48 hours before the closing. Provides
that if terms of the home loan set forth in the documents provided differ
from the terms presented to the borrower at the time of closing, the
borrower is entitled to delay or reschedule the closing without penalty
and without forfeiting the right to enter into the loan or the purchase
contract. Prohibits a creditor from: (1) recommending or issuing a
stated income or no documentation loan to a prospective borrower; or
(2) recommending or issuing a home loan to a prospective borrower
without first conducting a reasonable inquiry into the prospective
borrower's creditworthiness. Provides that if a creditor conducts a
reasonable inquiry, the creditor is not liable if the borrower later
defaults on a home loan issued by the creditor. Requires creditors to
offer: (1) a temporary forbearance, subject to terms agreed upon by the
creditor and the borrower; (2) a payment plan; or (3) an option for the
refinancing, restructuring, or workout of existing indebtedness;
whenever a home loan becomes 60 days past due. Requires various
state agencies to form the mortgage lending and fraud prevention task
force to coordinate the state's efforts to: (1) regulate the various
participants involved in originating, issuing, and closing home loans;
(2) enforce state laws and rules concerning mortgage lending practices
and mortgage fraud; and (3) prevent fraudulent practices in the home
loan industry and investigate and prosecute cases involving mortgage
fraud. Requires the securities commissioner and the director of the
department of financial institutions to cooperate to determine the
appropriate state agency or department to regulate a person subject to
regulation, licensure, or registration under both the loan broker statute
and the UCCC. Repeals provisions that exclude mortgage transactions
from the UCCC. Beginning with the school year that begins in 2010,
requires school corporations and accredited nonpublic schools to
include in their curricula for grades 9 through 12 instruction designed
to: (1) increase students' awareness of consumer transactions, including
(Continued next page)
Digest Continued
mortgage transactions; and (2) foster personal financial responsibility.
Provides that a school corporation or an accredited nonpublic school
may provide the instruction by integrating it into its mathematics
curriculum. Requires the department of education and the department
of financial institutions to develop guidelines to assist teachers
assigned to provide the instruction.
Reprinted
January 30, 2008
Second Regular Session 115th General Assembly (2008)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2007 Regular Session of the General Assembly.
HOUSE BILL No. 1211
A BILL FOR AN ACT to amend the Indiana Code concerning trade
regulation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 6-1.1-5.5-3; (08)HB1211.2.1. -->
SECTION 1. IC 6-1.1-5.5-3, AS AMENDED BY P.L.219-2007,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 3. (a) For purposes of this section, "party"
includes:
(1) a seller of property that is exempt under the seller's ownership;
or
(2) a purchaser of property that is exempt under the purchaser's
ownership;
from property taxes under IC 6-1.1-10.
(b)
Before Except as provided in section 3.5 of this chapter, in
addition to filing a conveyance document with the county auditor
under IC 6-1.1-5-4, all the parties to the conveyance must do the
following:
(1) Complete and sign a sales disclosure form as prescribed by the
department of local government finance under section 5 of this
chapter. All the parties may sign one (1) form, or if all the parties
do not agree on the information to be included on the completed
form, each party may sign and file a separate form.
(2) Before filing a sales disclosure form with the county auditor,
submit the sales disclosure form to the county assessor. The
county assessor must review the accuracy and completeness of
each sales disclosure form submitted immediately upon receipt of
the form and, if the form is accurate and complete, stamp the form
as eligible for filing with the county auditor and return the form
to the appropriate party for filing with the county auditor. If
multiple forms are filed in a short period, the county assessor
shall process the forms as quickly as possible. For purposes of this
subdivision, a sales disclosure form is considered to be accurate
and complete if:
(A) the county assessor does not have substantial evidence
when the form is reviewed under this subdivision that
information in the form is inaccurate; and
(B) the form:
(i) substantially conforms to the sales disclosure form
prescribed by the department of local government finance
under section 5 of this chapter; and
(ii) is submitted to the county assessor in a format usable to
the county assessor.
(3) File the sales disclosure form with the county auditor.
(c) Except as provided in subsection (d), the auditor shall forward
each sales disclosure form to the county assessor. The county assessor
shall retain the forms for five (5) years. The county assessor shall
forward the sales disclosure form data to the department of local
government finance and the legislative services agency in an electronic
format specified jointly by the department of local government finance
and the legislative services agency. The county assessor shall forward
a copy of the sales disclosure forms to the township assessors in the
county. The forms may be used by the county assessing officials, the
department of local government finance, and the legislative services
agency for the purposes established in IC 6-1.1-4-13.6, sales ratio
studies, equalization, adoption of rules under IC 6-1.1-31-3 and
IC 6-1.1-31-6, and any other authorized purpose.
(d) In a county containing a consolidated city, the auditor shall
forward the sales disclosure form to the appropriate township assessor.
The township assessor shall forward the sales disclosure form to the
department of local government finance and the legislative services
agency in an electronic format specified jointly by the department of
local government finance and the legislative services agency. The
forms may be used by the county assessing officials, the department of
local government finance, and the legislative services agency for the
purposes established in IC 6-1.1-4-13.6, sales ratio studies,
equalization, adoption of rules under IC 6-1.1-31-3 and IC 6-1.1-31-6,
and any other authorized purpose.
(e) If a sales disclosure form includes the telephone number or
Social Security number of a party, the telephone number or Social
Security number is confidential.
(f) County assessing officials and other local officials may not
establish procedures or requirements concerning sales disclosure forms
that substantially differ from the procedures and requirements of this
chapter.
SOURCE: IC 6-1.1-5.5-3.5; (08)HB1211.2.2. -->
SECTION 2. IC 6-1.1-5.5-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 3.5. (a) This section applies to a
conveyance that:
(1) is a single family residential:
(A) first lien purchase money mortgage transaction; or
(B) refinancing transaction; and
(2) is closed after December 31, 2009.
(b) Not later than September 1, 2009, the department of local
government shall establish and maintain an electronic system for
the collection and storage of the sales disclosure form data set forth
in section 5(a) of this chapter with respect to a conveyance to which
this section applies.
(c) The system established by the department under this section
must include a form that:
(1) is uniformly accessible in an electronic format to the
closing agent (as defined in IC 6-1.1-12-43(a)(2)) in the
transaction; and
(2) allows the closing agent to:
(A) input the sales disclosure form data set forth in section
5(a) of this chapter with respect to the transaction; and
(B) submit the form electronically to a data base
maintained by the department of local government finance.
(d) Subject to subsection (e), the department shall make the
information stored in the data base described in subsection
(c)(2)(B) accessible to:
(1) county auditors;
(2) county assessors;
(3) township assessors;
(4) the legislative services agency; and
(5) the department;
for the purposes authorized by section 3(c) and 3(d) of this chapter.
(e) If the sales disclosure form data submitted by a closing agent
under subsection (c)(2)(B) includes the telephone number or the
Social Security number of a party, the telephone number or the
Social Security number is confidential.
SOURCE: IC 6-1.1-5.5-5; (08)HB1211.2.3. -->
SECTION 3. IC 6-1.1-5.5-5, AS AMENDED BY P.L.154-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 5. (a) The department of local government finance
shall prescribe a sales disclosure form for use under this chapter. The
form prescribed by the department of local government finance must
include at least the following information:
(1) The key number of the parcel (as defined in IC 6-1.1-1-8.5).
(2) Whether the entire parcel is being conveyed.
(3) The address of the property.
(4) The date of the execution of the form.
(5) The date the property was transferred.
(6) Whether the transfer includes an interest in land or
improvements, or both.
(7) Whether the transfer includes personal property.
(8) An estimate of any personal property included in the transfer.
(9) The name, address, and telephone number of:
(A) each transferor and transferee; and (B) the person that
prepared the form.
(10) The mailing address to which the property tax bills or other
official correspondence should be sent.
(11) The ownership interest transferred.
(12) The classification of the property (as residential, commercial,
industrial, agricultural, vacant land, or other).
(13) The total price actually paid or required to be paid in
exchange for the conveyance, whether in terms of money,
property, a service, an agreement, or other consideration, but
excluding tax payments and payments for legal and other services
that are incidental to the conveyance.
(14) The terms of seller provided financing, such as interest rate,
points, type of loan, amount of loan, and amortization period, and
whether the borrower is personally liable for repayment of the
loan.
(15) Any family or business relationship existing between the
transferor and the transferee.
(16) Other information as required by the department of local
government finance to carry out this chapter.
If a form under this section includes the telephone number or the Social
Security number of a party, the telephone number or the Social Security
number is confidential.
(b) The instructions for completing the form described in subsection
(a) must include the information described in IC 6-1.1-12-43(c)(1).
IC 6-1.1-12-43(b)(1).
SOURCE: IC 6-1.1-5.5-6; (08)HB1211.2.4. -->
SECTION 4. IC 6-1.1-5.5-6, AS AMENDED BY P.L.154-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 6. (a)
Subject to subsection (c), the county
auditor may not
refuse to accept a conveyance document
if: solely
because:
(1) the sales disclosure form signed by all the parties and attested
as required under section 9 of this chapter is not included with the
document;
or
(2) the sales disclosure form does not contain the information
described in section 5(a) of this chapter;
or
(3) in the case of a conveyance to which section 3.5 of this
chapter applies:
(A) the closing agent fails to submit an electronic form in
accordance with section 3.5(c)(2)(B) of this chapter; or
(B) the electronic form submitted by the closing agent
under section 3.5(c)(2)(B) of this chapter is incomplete or
determined by any official or agency described in section
3.5(d) of this chapter to be inaccurate.
(b)
Subject to subsection (c), the county recorder
shall not may not
refuse to record a conveyance document
without evidence that the
parties have filed a completed sales disclosure form with the county
auditor. solely on the basis of any of the reasons set forth in subsection
(a).
(c) Notwithstanding subsections (a) and (b), if any of the
circumstances described in subsection (a)(1) through (a)(3) apply:
(1) a party to the conveyance who is required to file a sales
disclosure form under section 3 of this chapter:
(A) is not relieved of the party's duty to file or correct the
sales disclosure form required by this chapter; and
(B) is subject to the penalties set forth in section 12 of this
chapter; and
(2) a closing agent who is required to submit an electronic
sales disclosure form under section 3.5(c)(2)(B) of the chapter:
(A) is not relieved of the closing agent's duty to submit or
correct the electronic sales disclosure form required by
section 3.5(c)(2)(B) this chapter; and
(B) is subject to the penalties set forth in section 12(f) of
this chapter.
SOURCE: IC 6-1.1-5.5-9; (08)HB1211.2.5. -->
SECTION 5. IC 6-1.1-5.5-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 9. (a) Except as
provided in subsection (b), a person who signs a sales disclosure form
shall attest in writing and under penalties of perjury that to the best of
the person's knowledge and belief the information contained in the
sales disclosure form is true and correct.
(b) An electronic sales disclosure form that is submitted in
accordance with section 3.5(c)(2)(B) of this chapter is subject to
any verification requirements that the department may prescribe
by rule adopted under IC 4-22-2.
SOURCE: IC 6-1.1-5.5-12; (08)HB1211.2.6. -->
SECTION 6. IC 6-1.1-5.5-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 12. (a)
Except as
provided in subsection (f), a party to a conveyance who:
(1) is required to file a sales disclosure form under this chapter;
and
(2) fails to file a sales disclosure form at the time and in the
manner required by this chapter;
is subject to a penalty in the amount determined under subsection (b).
(b) The amount of the penalty under subsection (a) is the greater of:
(1) one hundred dollars ($100); or
(2) twenty-five thousandths percent (0.025%) of the sale price of
the real property transferred under the conveyance document.
(c)
Except as provided in subsection (f), the township assessor in
a county containing a consolidated city, or the county assessor in any
other county, shall:
(1) determine the penalty imposed under this section;
(2) assess the penalty to the party to a conveyance; and
(3) notify the party to the conveyance that the penalty is payable
not later than thirty (30) days after notice of the assessment.
(d)
Except as provided in subsection (f), the county auditor shall:
(1) collect the penalty imposed under this section;
(2) deposit penalty collections as required under section 4 of this
chapter; and
(3) notify the county prosecuting attorney of delinquent payments.
(e)
Except as provided in subsection (f), the county prosecuting
attorney shall initiate an action to recover a delinquent penalty under
this section. In a successful action against a person for a delinquent
penalty, the court shall award the county prosecuting attorney
reasonable attorney's fees.
(f) A closing agent who:
(1) is required to submit an electronic sales disclosure form
under section 3.5(c)(2)(B) of this chapter; and
(2) fails to submit the electronic sales disclosure form at the
time and in the manner prescribed by the department of local
government finance;
is subject to the penalty set forth in IC 6-1.1-12-43(h).
SOURCE: IC 6-1.1-12-2; (08)HB1211.2.7. -->
SECTION 7. IC 6-1.1-12-2, AS AMENDED BY P.L.183-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 2. (a) Except as provided in section 17.8 of this
chapter
and subject to subsection (d), a person who desires to claim
the deduction provided by section 1 of this chapter must file a
statement in duplicate, on forms prescribed by the department of local
government finance, with the auditor of the county in which the real
property, mobile home not assessed as real property, or manufactured
home not assessed as real property is located. With respect to real
property, the statement must be filed during the twelve (12) months
before June 11 of each year for which the person wishes to obtain the
deduction. With respect to a mobile home that is not assessed as real
property or a manufactured home that is not assessed as real property,
the statement must be filed during the twelve (12) months before
March 31 of each year for which the individual wishes to obtain the
deduction. The statement may be filed in person or by mail. If mailed,
the mailing must be postmarked on or before the last day for filing. In
addition to the statement required by this subsection, a contract buyer
who desires to claim the deduction must submit a copy of the recorded
contract or recorded memorandum of the contract, which must contain
a legal description sufficient to meet the requirements of IC 6-1.1-5,
with the first statement that the buyer files under this section with
respect to a particular parcel of real property. Upon receipt of the
statement and the recorded contract or recorded memorandum of the
contract, the county auditor shall assign a separate description and
identification number to the parcel of real property being sold under the
contract.
(b) The statement referred to in subsection (a) must be verified
under penalties for perjury, and the statement must contain the
following information:
(1) The balance of the person's mortgage or contract indebtedness
on the assessment date of the year for which the deduction is
claimed.
(2) The assessed value of the real property, mobile home, or
manufactured home.
(3) The full name and complete residence address of the person
and of the mortgagee or contract seller.
(4) The name and residence of any assignee or bona fide owner or
holder of the mortgage or contract, if known, and if not known,
the person shall state that fact.
(5) The record number and page where the mortgage, contract, or
memorandum of the contract is recorded.
(6) A brief description of the real property, mobile home, or
manufactured home which is encumbered by the mortgage or sold
under the contract.
(7) If the person is not the sole legal or equitable owner of the real
property, mobile home, or manufactured home, the exact share of
the person's interest in it.
(8) The name of any other county in which the person has applied
for a deduction under this section and the amount of deduction
claimed in that application.
(c)
Except as provided in subsection (d), the authority for signing
a deduction application filed under this section may not be delegated
by the real property, mobile home, or manufactured home owner or
contract buyer to any person except upon an executed power of
attorney. The power of attorney may be contained in the recorded
mortgage, contract, or memorandum of the contract, or in a separate
instrument.
(d) As used in this subsection, "transaction" has the meaning set
forth in section 43(a)(4) of this chapter. Not later than September
1, 2009, the department of local government finance shall establish
and maintain an electronic system that automatically applies the
deduction provided by section 1 of this chapter to a person entitled
to the deduction provided by section 1 of this chapter. The system
established by the department under this subsection must include
a form that, with respect to a transaction that is closed after
December 31, 2009:
(1) is uniformly accessible in an electronic format to the
closing agent (as defined in section 43(a)(2) of this chapter) in
the transaction that is the basis for the person's eligibility for
the deduction provided by section 1 of this chapter; and
(2) allows the closing agent to:
(A) input the information concerning the transaction that
is the basis for the person's eligibility for the deduction
provided by section 1 of this chapter; and
(B) submit the form electronically to a data base
maintained by the department of local government finance.
The department shall make the data base described in subdivision
(2)(B) accessible to the county auditor in each county in Indiana.
If the form submitted by a closing agent under subdivision (2)(B)
is complete, the county auditor in the county in which the real
property is located must accept the form and apply the deduction
in accordance with section 17.8(c) of this chapter. The county
auditor may not require the closing agent, the person entitled to
the deduction, or any other person to provide any other
information or form of identification for the person entitled to the
deduction under section 1 of chapter to receive the deduction. If the
form submitted by a closing agent under subdivision (2)(B)
includes the telephone number or Social Security number of any
individual, the telephone number or Social Security number is
confidential.
SOURCE: IC 6-1.1-12-42.5; (08)HB1211.2.8. -->
SECTION 8. IC 6-1.1-12-42.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 42.5. (a) This section applies to a
transaction that:
(1) is a single family residential:
(A) first lien purchase money mortgage transaction; or
(B) refinancing transaction; and
(2) is closed after December 31, 2009.
(b) Not later than September 1, 2009, the department of local
government finance shall establish and maintain an electronic
system for the collection and storage of the following information
concerning any of the following persons that have participated in
or assisted with a transaction to which this section applies, or that
will participate in or assist with a transaction to which this section
applies:
(1) The name and license number (under IC 23-2-5) of each
loan brokerage business involved in the transaction.
(2) The name and registration number (under IC 23-2-5) of
each originator involved in the transaction.
(3) The name and license number (under IC 25-34.1) of each:
(A) principal broker; and
(B) salesperson or broker-salesperson, if any;
involved in the transaction.
(4) The name and certificate number (under IC 27-7-3) of
each title insurance company involved in the transaction.
(5) The name and license number (under IC 27-1-15.6) of each
title insurance agent involved in the transaction.
(6) The name and:
(A) license or certificate number (under IC 25-34.1-3-8) of
each licensed or certified real estate appraiser; or
(B) license number (under IC 25-34.1) of each broker;
who appraises the property that is the subject of the
transaction.
(7) The name of the mortgagee and, if the mortgagee is
required to be licensed under IC 24-4.5-3-502, the license
number of the mortgagee.
(c) The system established by the department under this section
must include a form that:
(1) is uniformly accessible in an electronic format to the
closing agent (as defined in section 43(a)(2) of this chapter) in
the transaction; and
(2) allows the closing agent to:
(A) input the information described in subsection (b) with
respect to each person described in subsection (b) that
participates in or assists with the transaction, to the extent
determinable; and
(B) submit the form electronically to a data base
maintained by the department of local government finance.
(d) Subject to subsection (e), the department shall make the
information stored in the data base described in subsection
(c)(2)(B) accessible to:
(1) each entity described in IC 4-6-12-4; and
(2) the homeowner protection unit established under
IC 4-6-12-2.
(e) The department, a closing agent who submits under
subsection (c), each entity described in IC 4-6-12-4, and the
homeowner protection unit established under IC 4-6-12-2 shall
exercise all necessary caution to avoid disclosure of any
information:
(1) concerning a person described in subsection (b), including
the person's license, registration, or certificate number; and
(2) contained in the data base described in subsection
(c)(2)(B);
except to the extent required or authorized by state or federal law.
SOURCE: IC 6-1.1-12-43; (08)HB1211.2.9. -->
SECTION 9. IC 6-1.1-12-43 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 43. (a) For purposes of
this section:
(1) "benefit" refers to:
(A) a deduction under section 1, 9, 11, 13, 14, 16, 17.4, 26, 29,
31, 33, or 34 of this chapter; or
(B) the homestead credit under IC 6-1.1-20.9-2.
(2) "closing agent" means a person that closes a transaction;
(3) "customer" means an individual who obtains a loan in a
transaction; and
(4) "transaction" means a single family residential:
(A) first lien purchase money mortgage transaction; or
(B) refinancing transaction.
(b) Before closing a transaction after December 31, 2004, a closing
agent must provide to the customer the form referred to in subsection
(c).
(c) Before June 1, 2004, (b) The department of local government
finance shall prescribe
the a form to be provided by closing agents to
customers under subsection
(b) (d)(1). The department shall make the
form available to closing agents, county assessors, county auditors, and
county treasurers in hard copy and electronic form. County assessors,
county auditors, and county treasurers shall make the form available to
the general public. The form must:
(1) on one (1) side:
(A) list each benefit;
(B) list the eligibility criteria for each benefit; and
(C) indicate that a new application for a deduction under
section 1 of this chapter is required when residential real
property is refinanced;
(2) on the other side indicate:
(A) each action by; and
(B) each type of documentation from;
the customer required to file for each benefit; and
(3) be printed in one (1) of two (2) or more colors prescribed by
the department of local government finance that distinguish the
form from other documents typically used in a closing.
referred to
in subsection (b).
(d) (c) A closing agent:
(1) may reproduce the form referred to in subsection
(c); (b);
(2) in reproducing the form, must use a print color prescribed by
the department of local government finance; and
(3) is not responsible for the content of the form referred to in
subsection
(c) (b) and shall be held harmless by the department
of local government finance from any liability for the content of
the form.
(d) A closing agent must do the following with respect to a
transaction that is closed after June 30, 2008, and before January
1, 2010:
(1) At the time of closing:
(A) provide the customer with:
(i) if the transaction is a first lien purchase money
mortgage transaction, the sales disclosure form
prescribed by the department under IC 6-1.1-5.5-5, the
form prescribed by the department under
IC 6-1.1-20.9-3 to allow a person to claim the credit
provided by IC 6-1.1-20.9-2, and the form prescribed by
the department under section 2(a) of this chapter to
allow a person to claim the deduction provided by
section 1 of this chapter; or
(ii) if the transaction is a refinancing transaction, the
form prescribed by the department under section 2(a) of
this chapter to allow a person to claim the deduction
provided by section 1 of this chapter.
(B) require the customer to complete and sign the forms
provided under clause (A); and
(C) collect the forms signed and completed under clause
(B) for filing under subsection (e).
(2) At the time of the closing, inform the customer of the
deductions available under sections 9, 11, 13, 14, 16, 17.4, 26,
29, 31, 33, and 34 of this chapter by providing the customer
with the form prescribed by the department under subsection
(b).
(e) This subsection applies to a transaction that is closed after
June 30, 2008, and before January 1, 2010. The closing agent shall
file the forms completed and signed by the customer under
subsection (d)(1)(B) as follows:
(1) In the case of a first lien purchase money mortgage
transaction, the closing agent shall file:
(A) the signed sales disclosure form with the appropriate
county assessor and county auditor in accordance with
IC 6-1.1-5-3;
(B) the signed mortgage deduction form in accordance
with section 2(a) of the chapter; and
(C) the signed homestead credit form in accordance with
IC 6-1.1-20.9-3.
(2) In the case of a refinancing transaction, the closing agent
shall file the signed mortgage deduction form in accordance
with section 2(a) of this chapter.
(f) This subsection applies to a transaction that is closed after
December 31, 2009. The closing agent shall do the following:
(1) At the time of the closing, inform the customer of the
deductions available under sections 9, 11, 13, 14, 16, 17.4, 26,
29, 31, 33, and 34 of this chapter by providing the customer
with the form prescribed by the department under subsection
(b).
(2) As soon as possible after the closing, and within the time
prescribed by the department of local government finance:
(A) for a transaction that is a first lien purchase money
mortgage transaction:
(i) input the electronic sales disclosure form data and
submit the electronic sales disclosure form in accordance
with IC 6-1.1-5.5-3.5(c)(2);
(ii) input the information and submit the form described
in IC 6-1.1-20.9-3(d)(2) to enable the customer to receive
the credit provided by IC 6-1.1-20.9-2;
(iii) input the information and submit the form described
in section 2(d)(2) of this chapter to enable the customer
to receive the deduction provided by section (1) of this
chapter; and
(iv) input the information and submit the form described
in IC 6-1.1-12-42.5(c)(2); and
(B) for a refinancing transaction:
(i) input the information and submit the form described
in section 2(d)(2) of this chapter to enable the customer
to receive the deduction provided by section (1) of this
chapter; and
(ii) input the information and submit the form described
in IC 6-1.1-12-42.5(c)(2), to the extent applicable.
(e) (g) A closing agent to which this section applies shall document
its the closing agent's compliance with this section with respect to
each transaction in the form of verification of compliance signed by the
customer.
(f) (h) A closing agent is subject to a civil penalty of twenty-five
dollars ($25) for each instance in which the closing agent fails to
comply with this section with respect to a customer. The penalty:
(1) may be enforced by the state agency that has administrative
jurisdiction over the closing agent in the same manner that the
agency enforces the payment of fees or other penalties payable to
the agency; and
(2) shall be paid into the property tax replacement fund.
(i) A closing agent is not liable for any other damages claimed by a
customer because of:
(1) the closing agent's mere failure to provide the an appropriate
document to the customer under this section;
(2) with respect to a transaction that is closed after June 30,
2008, and before January 1, 2010, the closing agent's failure
to file a document under subsection (e);
(3) with respect to a transaction that is closed after December
31, 2009, the closing agent's failure to input any information
or submit any form described in subsection (f)(2); or
(4) any determination made with respect to a customer's
eligibility for a benefit.
(g) (j) The state agency that has administrative jurisdiction over a
closing agent shall:
(1) examine the closing agent to determine compliance with this
section; and
(2) impose and collect penalties under subsection
(f). (h).
SOURCE: IC 6-1.1-20.9-3; (08)HB1211.2.10. -->
SECTION 10. IC 6-1.1-20.9-3, AS AMENDED BY P.L.183-2007,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 3. (a)
Subject to subsection (e), an individual
who desires to claim the credit provided by section 2 of this chapter
must file a certified statement in duplicate, on forms prescribed by the
department of local government finance, with the auditor of the county
in which the homestead is located. The statement shall include the
parcel number or key number of the real estate and the name of the
city, town, or township in which the real estate is located. With respect
to real property, the statement must be filed during the twelve (12)
months before June 11 of the year prior to the first year for which the
person wishes to obtain the credit for the homestead. With respect to
a mobile home that is not assessed as real property or a manufactured
home that is not assessed as real property, the statement must be filed
during the twelve (12) months before March 31 of the first year for
which the individual wishes to obtain the credit. The statement may be
filed in person or by mail. If mailed, the mailing must be postmarked
on or before the last day for filing. The statement applies for that first
year and any succeeding year for which the credit is allowed.
(b) The certified statement referred to in subsection (a) shall contain
the name of any other county and township in which the individual
owns or is buying real property.
(c) If an individual who is receiving the credit provided by this
chapter changes the use of the individual's real property, so that part or
all of that real property no longer qualifies for the homestead credit
provided by this chapter, the individual must file a certified statement
with the auditor of the county, notifying the auditor of the change of
use within sixty (60) days after the date of that change. An individual
who changes the use of the individual's real property and fails to file
the statement required by this subsection is liable for the amount of the
credit the individual was allowed under this chapter for that real
property.
(d) An individual who receives the credit provided by section 2 of
this chapter for property that is jointly held with another owner in a
particular year and remains eligible for the credit in the following year
is not required to file a statement to reapply for the credit following the
removal of the joint owner if:
(1) the individual is the sole owner of the property following the
death of the individual's spouse;
(2) the individual is the sole owner of the property following the
death of a joint owner who was not the individual's spouse; or
(3) the individual is awarded sole ownership of property in a
divorce decree.
(e) As used in this subsection, "transaction" has the meaning set
forth in section 43(a)(4)(A) of this chapter. Not later than
September 1, 2009, the department of local government finance
shall establish and maintain an electronic system that
automatically applies the credit provided by section 2 of this
chapter to a person entitled to the credit provided by section 2 of
this chapter. The system established by the department under this
subsection must include a form that, with respect to a transaction
that is closed after December 31, 2009:
(1) is uniformly accessible in an electronic format to the
closing agent (as defined in section 43(a)(2) of this chapter) in
the transaction that is the basis for the person's eligibility for
the credit provided by section 2 of this chapter; and
(2) allows the closing agent to:
(A) input the information concerning the transaction that
is the basis for the person's eligibility for the credit
provided by section 2 of this chapter; and
(B) submit the form electronically to a data base
maintained by the department of local government finance.
The department shall make the data base described in subdivision
(2)(B) accessible to the county auditor in each county in Indiana.
If the form submitted by a closing agent under subdivision (2)(B)
is complete, the county auditor in the county in which the real
property is located must accept the form and apply the credit in
accordance with section 2(f) of this chapter. The county auditor
may not require the closing agent, the person entitled to the credit,
or any other person to provide any other information or form of
identification for the person entitled to the credit under section 2
of chapter to receive the credit. If the form submitted by a closing
agent under subdivision (2)(B) includes the telephone number or
Social Security number of any individual, the telephone number or
Social Security number is confidential.
SECTION 11. IC 20-24-8-5, AS AMENDED BY P.L.2-2006,
SECTION 111, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 5. The following statutes and rules
and guidelines adopted under the following statutes apply to a charter
school:
(1) IC 5-11-1-9 (required audits by the state board of accounts).
(2) IC 20-39-1-1 (unified accounting system).
(3) IC 20-35 (special education).
(4) IC 20-26-5-10 and IC 20-28-5-9 (criminal history).
(5) IC 20-26-5-6 (subject to laws requiring regulation by state
agencies).
(6) IC 20-28-7-14 (void teacher contract when two (2) contracts
are signed).
(7) IC 20-28-10-12 (nondiscrimination for teacher marital status).
(8) IC 20-28-10-14 (teacher freedom of association).
(9) IC 20-28-10-17 (school counselor immunity).
(10) For conversion charter schools only, IC 20-28-6, IC 20-28-7,
IC 20-28-8, IC 20-28-9, and IC 20-28-10.
(11) IC 20-33-2 (compulsory school attendance).
(12) IC 20-33-3 (limitations on employment of children).
(13) IC 20-33-8-19, IC 20-33-8-21, and IC 20-33-8-22 (student
due process and judicial review).
(14) IC 20-33-8-16 (firearms and deadly weapons).
(15) IC 20-34-3 (health and safety measures).
(16) IC 20-33-9 (reporting of student violations of law).
(17) IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative
observances).
(18) IC 20-31-3, IC 20-32-4, IC 20-32-5, IC 20-32-6, IC 20-32-8,
or any other statute, rule, or guideline related to standardized
testing (assessment programs, including remediation under the
assessment programs).
(19) IC 20-33-7 (parental access to education records).
(20) IC 20-31 (accountability for school performance and
improvement).
(21) Beginning with the school year that begins in the
calendar year beginning January 1, 2010, IC 20-30-5-19
(instruction concerning consumer transactions and personal
financial responsibility).
SOURCE: IC 20-30-5-19; (08)HB1211.2.12. -->
SECTION 12. IC 20-30-5-19 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 19. (a) Beginning with the school
year that begins in the calendar year beginning January 1, 2010,
each school corporation (including each charter school) and each
nonpublic school that voluntarily has become accredited under
IC 20-19-2-8 shall include in its curriculum for all students in
grades 9 through 12 instruction designed to:
(1) increase students' awareness of certain consumer
transactions, including mortgage transactions; and
(2) foster personal financial responsibility.
(b) A school corporation (including a charter school) and a
nonpublic school that voluntarily has become accredited under
IC 20-19-2-8 may meet the requirements of subsection (a) by:
(1) integrating the instruction described in subsection (a) in its
required mathematics curriculum; or
(2) conducting a separate class or seminar that includes the
instruction described in subsection (a).
(c) A person may not receive a high school diploma from a
school subject to this section unless the person has received the
instruction required by this section.
(d) The department, in collaboration with the department of
financial institutions established by IC 28-11-1-1, shall develop
guidelines and the state board shall adopt rules under IC 4-22-2 to
assist teachers assigned to provide the instruction required by this
section.
SOURCE: IC 24-4.5-1-301; (08)HB1211.2.13. -->
SECTION 13. IC 24-4.5-1-301, AS AMENDED BY P.L.57-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2009]: Sec. 301. General Definitions . In addition to
definitions appearing in subsequent chapters in this article:
(1) "Agreement" means the bargain of the parties in fact as found in
their language or by implication from other circumstances, including
course of dealing or usage of trade or course of performance.
(2) "Agricultural purpose" means a purpose related to the
production, harvest, exhibition, marketing, transportation, processing,
or manufacture of agricultural products by a natural person who
cultivates, plants, propagates, or nurtures the agricultural products;
"Agricultural products" includes agricultural, horticultural, viticultural,
and dairy products, livestock, wildlife, poultry, bees, forest products,
fish and shellfish, and any and all products raised or produced on farms
and any processed or manufactured products thereof.
(3) "Average daily balance" means the sum of each of the daily
balances in a billing cycle divided by the number of days in the billing
cycle, and if the billing cycle is a month, the creditor may elect to treat
the number of days in each billing cycle as thirty (30).
(4) "Closing costs" with respect to a debt secured by an interest in
land includes:
(a) fees or premiums for title examination, title insurance, or
similar purposes, including surveys;
(b) fees for preparation of a deed, settlement statement, or other
documents;
(c) escrows for future payments of taxes and insurance;
(d) fees for notarizing deeds and other documents;
(e) appraisal fees; and
(f) credit reports.
(5) "Conspicuous": A term or clause is conspicuous when it is so
written that a reasonable person against whom it is to operate ought to
have noticed it.
(6) "Consumer credit" means credit offered or extended to a
consumer primarily for a personal, family, or household purpose.
(7) "Credit" means the right granted by a creditor to a debtor to
defer payment of debt or to incur debt and defer its payment.
(8) "Creditor" means a person:
(a) who regularly engages in the extension of consumer credit that
is subject to a credit service charge or loan finance charge, as
applicable, or is payable by written agreement in more than
four (4) installments (not including a down payment); and
(b) to whom the obligation is initially payable, either on the face
of the note or contract, or by agreement when there is not a note
or contract.
(9) "Earnings" means compensation paid or payable for personal
services, whether denominated as wages, salary, commission, bonus,
or otherwise, and includes periodic payments under a pension or
retirement program.
(10) "Lender credit card or similar arrangement" means an
arrangement or loan agreement, other than a seller credit card, pursuant
to which a lender gives a debtor the privilege of using a credit card,
letter of credit, or other credit confirmation or identification in
transactions out of which debt arises:
(a) by the lender's honoring a draft or similar order for the
payment of money drawn or accepted by the debtor;
(b) by the lender's payment or agreement to pay the debtor's
obligations; or
(c) by the lender's purchase from the obligee of the debtor's
obligations.
(11) "Official fees" means:
(a) fees and charges prescribed by law which actually are or will
be paid to public officials for determining the existence of or for
perfecting, releasing, or satisfying a security interest related to a
consumer credit sale, consumer lease, or consumer loan; or
(b) premiums payable for insurance in lieu of perfecting a security
interest otherwise required by the creditor in connection with the
sale, lease, or loan, if the premium does not exceed the fees and
charges described in paragraph (a) which would otherwise be
payable.
(12) "Organization" means a corporation, a government or
governmental subdivision, or an agency, a trust, an estate, a
partnership, a limited liability company, a cooperative, or an
association.
(13) "Payable in installments" means that payment is required or
permitted by written agreement to be made in more than four (4)
installments not including a down payment.
(14) "Person" includes a natural person or an individual and an
organization.
(15) "Person related to" with respect to an individual means:
(a) the spouse of the individual;
(b) a brother, brother-in-law, sister, sister-in-law of the individual;
(c) an ancestor or lineal descendants of the individual or the
individual's spouse; and
(d) any other relative, by blood or marriage, of the individual or
the individual's spouse who shares the same home with the
individual.
"Person related to" with respect to an organization means:
(a) a person directly or indirectly controlling, controlled by, or
under common control with the organization;
(b) an officer or director of the organization or a person
performing similar functions with respect to the organization or
to a person related to the organization;
(c) the spouse of a person related to the organization; and
(d) a relative by blood or marriage of a person related to the
organization who shares the same home with the person.
(16) "Presumed" or "presumption" means that the trier of fact must
find the existence of the fact presumed unless and until evidence is
introduced which would support a finding of its nonexistence.
(17) "Mortgage transaction" means a transaction consumer credit
sale or consumer loan in which a first mortgage, deed of trust, or a
land contract which constitutes a first lien is created or retained against
land upon which there is a dwelling that is or will be used by the
debtor primarily for personal, family, or household purposes.
(18) "Regularly engaged" means a person who extends consumer
credit more than:
(a) twenty-five (25) times; or
(b) five (5) times for transactions secured by a dwelling;
in the preceding calendar year. If a person did not meet these numerical
standards in the preceding calendar year, the numerical standards shall
be applied to the current calendar year.
(19) "Seller credit card" means an arrangement which gives to a
buyer or lessee the privilege of using a credit card, letter of credit, or
other credit confirmation or identification for the purpose of purchasing
or leasing goods or services from that person, a person related to that
person, or from that person and any other person. The term includes a
card that is issued by a person, that is in the name of the seller, and that
can be used by the buyer or lessee only for purchases or leases at
locations of the named seller.
(20) "Supervised financial organization" means a person, other than
an insurance company or other organization primarily engaged in an
insurance business:
(a) organized, chartered, or holding an authorization certificate
under the laws of a state or of the United States which authorizes
the person to make loans and to receive deposits, including a
savings, share, certificate, or deposit account; and
(b) subject to supervision by an official or agency of a state or of
the United States.
(21) "Mortgage servicer" means the last person to whom a
mortgagor or the mortgagor's successor in interest has been instructed
by a mortgagee to send payments on a loan secured by a mortgage.
(22) "Affiliate", with respect to any person subject to this article,
means a person that, directly or indirectly, through one (1) or more
intermediaries:
(a) controls;
(b) is controlled by; or
(c) is under common control with;
the person subject to this article.
(23) "Dwelling" means a residential structure that contains one
(1) to four (4) units, regardless of whether the structure is attached
to real property. The term includes an individual:
(a) condominium unit;
(b) cooperative unit;
(c) mobile home; or
(d) trailer;
that is used as a residence.
SOURCE: IC 24-4.5-2-104; (08)HB1211.2.14. -->
SECTION 14. IC 24-4.5-2-104 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 104. (1) Except
as provided in subsection (2), "consumer credit sale" is a sale of goods,
services, or an interest in land in which:
(a) credit is granted by a person who regularly engages as a seller
in credit transactions of the same kind;
(b) the buyer is a person other than an organization;
(c) the goods, services, or interest in land are purchased primarily
for a personal, family, or household purpose;
(d) either the debt is payable in installments or a credit service
charge is made; and
(e) with respect to a sale of goods or services, either:
(i) the amount financed does not exceed fifty thousand dollars
($50,000); or
(ii) the debt is secured by a mortgage transaction or by
personal property used or expected to be used as the principal
a dwelling of the buyer.
(2) Unless the sale is made subject to this article by agreement
(IC 24-4.5-2-601), "consumer credit sale" does not include (a) a sale in
which the seller allows the buyer to purchase goods or services
pursuant to a lender credit card or similar arrangement. or (b) except
as provided with respect to disclosure (IC 24-4.5-2-301), debtors'
remedies (IC 24-4.5-5-201), providing payoff amounts
(IC 24-4.5-2-209), and powers and functions of the department
(IC 24-4.5-6-101), a sale of an interest in land which is a mortgage
transaction (as defined in IC 24-4.5-1-301(17)).
SOURCE: IC 24-4.5-2-105; (08)HB1211.2.15. -->
SECTION 15. IC 24-4.5-2-105 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 105. Definitions:
"Goods"; "Merchandise Certificate"; "Services"; "Sale of Goods"; "Sale
of Services"; "Sale of an Interest in Land"; "Precomputed".
(1) "Goods" includes goods not in existence at the time the
transaction is entered into and merchandise certificates, but excludes
money, chattel paper, documents of title, and instruments.
(2) "Merchandise certificate" means a writing issued by a seller not
redeemable in cash and usable in its face amount in lieu of cash in
exchange for goods or services.
(3) "Services" includes (a) work, labor, and other personal services,
(b) privileges with respect to transportation, hotel and restaurant
accommodations, education, entertainment, recreation, physical
culture, hospital accommodations, funerals, cemetery accommodations,
and the like, and (c) insurance provided by a person other than the
insurer.
(4) "Sale of goods" includes any agreement in the form of a bailment
or lease of goods if the bailee or lessee agrees to pay as compensation
for use a sum substantially equivalent to or in excess of the aggregate
value of the goods involved and it is agreed that the bailee or lessee
will become, or for no other or a nominal consideration has the option
to become, the owner of the goods upon full compliance with his the
bailee's or lessee's obligations under the agreement.
(5) "Sale of services" means furnishing or agreeing to furnish
services and includes making arrangements to have services furnished
by another.
(6) "Sale of an interest in land" includes a mortgage transaction or
a lease in which the mortgagor or the lessee has an option to purchase
the interest and all or a substantial part of the rental or other payments
previously made by him the mortgagor or the lessee are applied to the
purchase price.
(7) A sale, refinancing, or consolidation is "precomputed" if the debt
is expressed as a sum comprising the amount financed and the amount
of the credit service charge computed in advance.
SOURCE: IC 24-4.5-2-107; (08)HB1211.2.16. -->
SECTION 16. IC 24-4.5-2-107 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 107. Definition;
"Seller" - Except as otherwise provided, "seller" means a person
regularly engaged as a creditor in making consumer credit sales.
The term includes an assignee of the seller's right to payment but use
of the term does not in itself impose on an assignee any obligation of
the seller with respect to events occurring before the assignment.
SOURCE: IC 24-4.5-2-201; (08)HB1211.2.17. -->
SECTION 17. IC 24-4.5-2-201, AS AMENDED BY P.L.57-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2009]: Sec. 201. Credit Service Charge for Consumer
Credit Sales other than Revolving Charge Accounts _ (1) With respect
to a consumer credit sale, other than a sale pursuant to a revolving
charge account, a seller may contract for and receive a credit service
charge not exceeding that permitted by this section.
(2) The credit service charge, calculated according to the actuarial
method, may not exceed the equivalent of the greater of either of the
following:
(a) the total of:
(i) thirty-six percent (36%) per year on that part of the unpaid
balances of the amount financed which is three hundred
dollars ($300) or less;
(ii) twenty-one percent (21%) per year on that part of the
unpaid balances of the amount financed which is more than
three hundred dollars ($300) but does not exceed one thousand
dollars ($1,000); and
(iii) fifteen percent (15%) per year on that part of the unpaid
balances of the amount financed which is more than one
thousand dollars ($1,000); or
(b) twenty-one percent (21%) per year on the unpaid balances of
the amount financed.
(3) This section does not limit or restrict the manner of contracting
for the credit service charge, whether by way of add-on, discount, or
otherwise, so long as the rate of the credit service charge does not
exceed that permitted by this section. If the sale is precomputed:
(a) the credit service charge may be calculated on the assumption
that all scheduled payments will be made when due; and
(b) the effect of prepayment is governed by the provisions on
rebate upon prepayment (IC 24-4.5-2-210).
(4) For the purposes of this section, the term of a sale agreement
commences with the date the credit is granted or, if goods are delivered
or services performed more than thirty (30) days after that date, with
the date of commencement of delivery or performance except as set
forth below:
(a) Delays attributable to the customer. Where the customer
requests delivery after the thirty (30) day period or where delivery
occurs after the thirty (30) day period for a reason attributable to
the customer (including but not limited to failure to close on a
residence or failure to obtain lease approval), the term of the sale
agreement shall commence with the date credit is granted.
(b) Partial Deliveries. Where any portion of the order has been
delivered within the thirty (30) day period, the term of the sale
agreement shall commence with the date credit is granted.
Differences in the lengths of months are disregarded and a day may be
counted as one-thirtieth (1/30) of a month. Subject to classifications
and differentiations the seller may reasonably establish, a part of a
month in excess of fifteen (15) days may be treated as a full month if
periods of fifteen (15) days or less are disregarded and that procedure
is not consistently used to obtain a greater yield than would otherwise
be permitted.
(5) Subject to classifications and differentiations the seller may
reasonably establish, the seller may make the same credit service
charge on all amounts financed within a specified range. A credit
service charge so made does not violate subsection (2) if:
(a) when applied to the median amount within each range, it does
not exceed the maximum permitted by subsection (2); and
(b) when applied to the lowest amount within each range, it does
not produce a rate of credit service charge exceeding the rate
calculated according to paragraph (a) by more than eight percent
(8%) of the rate calculated according to paragraph (a).
(6) Notwithstanding subsection (2), the seller may contract for and
receive a minimum credit service charge of not more than thirty dollars
($30). The minimum credit service charge allowed under this
subsection may be imposed only if:
(a) the borrower debtor prepays in full a consumer credit sale,
refinancing, or consolidation, regardless of whether the sale,
refinancing, or consolidation is precomputed;
(b) the sale, refinancing, or consolidation prepaid by the borrower
debtor is subject to a credit service charge that:
(i) is contracted for by the parties; and
(ii) does not exceed the rate prescribed in subsection (2); and
(c) the credit service charge earned at the time of prepayment is
less than the minimum credit service charge contracted for under
this subsection.
(7) The amounts of three hundred dollars ($300) and one thousand
dollars ($1,000) in subsection (2) are subject to change pursuant to the
provisions on adjustment of dollar amounts (IC 24-4.5-1-106).
(8) The amount of thirty dollars ($30) in subsection (6) is subject to
change under the provisions on adjustment of dollar amounts
(IC 24-4.5-1-106). However, notwithstanding IC 24-4.5-1-106(1), the
Reference Base Index to be used under this subsection is the Index for
October 1992.
SOURCE: IC 24-4.5-2-203.5; (08)HB1211.2.18. -->
SECTION 18. IC 24-4.5-2-203.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 203.5.
Delinquency Charges . (1) With respect to a consumer credit sale,
refinancing, or consolidation,
other than a first lien mortgage
transaction, the parties may contract for a delinquency charge of not
more than five dollars ($5) on any installment or minimum payment
due not paid in full within ten (10) days after its scheduled due date.
For a first lien mortgage transaction, the parties may contract for
a delinquency charge of not more than five percent (5%) of the
contracted payment amount.
(2) A delinquency charge under this section may be collected only
once on an installment however long it remains in default. A
delinquency charge on consumer credit sales made under a revolving
charge account may be applied each month that the payment is less
than the minimum required payment. A delinquency charge may be
collected any time after it accrues. No delinquency charge may be
collected if the installment has been deferred and a deferral charge
(IC 24-4.5-2-204) has been paid or incurred.
(3) Except for a first lien mortgage transaction, a delinquency
charge may not be collected on an installment or payment due that is
paid in full within ten (10) days after its scheduled due date even
though an earlier maturing installment, minimum payment, or a
delinquency charge on:
(a) an earlier installment; or
(b) payment due;
may not have been paid in full. For purposes of this subsection,
payments are applied first to current installments or payments due and
then to delinquent installments or payments due.
(4) If two (2) installments or parts of two (2) installments of a
precomputed consumer credit sale are in default for ten (10) days or
more, the creditor may elect to convert the consumer credit sale from
a precomputed consumer credit sale to a consumer credit sale in which
the credit service charge is based on unpaid balances. A creditor that
makes this election shall make a rebate under the provisions on rebates
upon prepayment under IC 24-4.5-2-210 as of the maturity date of the
first delinquent installment, and thereafter may make a credit service
charge as authorized by the provisions on credit service charges for
consumer credit sales under IC 24-4.5-2-201. The amount of the rebate
shall not be reduced by the amount of any permitted minimum charge
under IC 24-4.5-2-210. Any deferral charges made on installments due
at or after the maturity date of the first delinquent installment shall be
rebated, and no further deferral charges shall be made.
(5) The amount of five dollars ($5) in subsection (1) is subject to
change under the section on adjustment of dollar amounts
(IC 24-4.5-1-106).
(6) If the parties provide by contract for a delinquency charge that
is subject to change, the seller shall disclose in the contract that the
amount of the delinquency charge is subject to change as allowed by
IC 24-4.5-1-106.
SOURCE: IC 24-4.5-3-103; (08)HB1211.2.19. -->
SECTION 19. IC 24-4.5-3-103 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 103. Definitions
in Chapter . The following definitions apply to this Article:
"Consumer loan" Section 3-104
"Consumer related loan" Section 3-602 (1)
"Lender" Section 3-107 (1)
"Loan" Section 3-106
"Loan finance charge" Section 3-109
"Loan primarily secured by an
interest in land" Section 3-105
"Precomputed" Section 3-107 (2)
"Principal" Section 3-107 (3)
"Revolving loan account" Section 3-108
"Supervised lender" Section 3-501 (2)
"Supervised loan" 3-501 (1)
SOURCE: IC 24-4.5-3-104; (08)HB1211.2.20. -->
SECTION 20. IC 24-4.5-3-104 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 104. Except with
respect to a loan primarily secured by an interest in land
(IC 24-4.5-3-105), "consumer "Consumer loan" is a loan made by a
person regularly engaged in the business of making loans in which:
(a) the debtor is a person other than an organization;
(b) the debt is primarily for a personal, family, or household
purpose;
(c) either the debt is payable in installments or a loan finance
charge is made; and
(d) either:
(i) the principal does not exceed fifty thousand dollars
($50,000); or
(ii) the debt is secured by an interest in land or by personal
property used or expected to be used as the principal dwelling
of the debtor.
SOURCE: IC 24-4.5-3-107; (08)HB1211.2.21. -->
SECTION 21. IC 24-4.5-3-107 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 107. Definitions:
"Lender"; "Precomputed"; "Principal" . (1) Except as otherwise
provided, "lender"
means a person regularly engaged in making
consumer loans. The term includes an assignee of the lender's right
to payment but use of the term does not in itself impose on an assignee
any obligation of the lender with respect to events occurring before the
assignment.
(2) A loan, refinancing, or consolidation is "precomputed" if the
debt is expressed as a sum comprising the principal and the amount of
the loan finance charge computed in advance.
(3) "Principal" of a loan means the total of:
(a) the net amount paid to, receivable by, or paid or payable for
the account of the debtor;
(b) the amount of any discount excluded from the loan finance
charge (subsection (2) of 24-4.5-3-109); and
(c) to the extent that payment is deferred:
(i) amounts actually paid or to be paid by the lender for
registration, certificate of title, or license fees if not included
in (a); and
(ii) additional charges permitted by this Chapter
(24-4.5-3-202).
SOURCE: IC 24-4.5-3-201; (08)HB1211.2.22. -->
SECTION 22. IC 24-4.5-3-201, AS AMENDED BY P.L.57-2006,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2009]: Sec. 201. Loan Finance Charge for Consumer
Loans other than Supervised Loans_(1) Except as provided in
subsections (6) and (8), with respect to a consumer loan other than a
supervised loan (IC 24-4.5-3-501), a lender may contract for a loan
finance charge, calculated according to the actuarial method, not
exceeding twenty-one percent (21%) per year on the unpaid balances
of the principal.
(2) This section does not limit or restrict the manner of contracting
for the loan finance charge, whether by way of add-on, discount, or
otherwise, so long as the rate of the loan finance charge does not
exceed that permitted by this section. If the loan is precomputed:
(a) the loan finance charge may be calculated on the assumption
that all scheduled payments will be made when due; and
(b) the effect of prepayment is governed by the provisions on
rebate upon prepayment (IC 24-4.5-3-210).
(3) For the purposes of this section, the term of a loan commences
with the date the loan is made. Differences in the lengths of months are
disregarded, and a day may be counted as one-thirtieth (1/30) of a
month. Subject to classifications and differentiations the lender may
reasonably establish, a part of a month in excess of fifteen (15) days
may be treated as a full month if periods of fifteen (15) days or less are
disregarded and if that procedure is not consistently used to obtain a
greater yield than would otherwise be permitted. For purposes of
computing average daily balances, the creditor may elect to treat all
months as consisting of thirty (30) days.
(4) With respect to a consumer loan made pursuant to a revolving
loan account:
(a) the loan finance charge shall be deemed not to exceed the
maximum annual percentage rate if the loan finance charge
contracted for and received does not exceed a charge in each
monthly billing cycle which is one and three-fourths percent (1
3/4%) of an amount no greater than:
(i) the average daily balance of the debt;
(ii) the unpaid balance of the debt on the same day of the
billing cycle; or
(iii) subject to subsection (5), the median amount within a
specified range within which the average daily balance or the
unpaid balance of the debt, on the same day of the billing
cycle, is included; for the purposes of this subparagraph and
subparagraph (ii), a variation of not more than four (4) days
from month to month is "the same day of the billing cycle";
(b) if the billing cycle is not monthly, the loan finance charge
shall be deemed not to exceed the maximum annual percentage
rate if the loan finance charge contracted for and received does
not exceed a percentage which bears the same relation to
one-twelfth (1/12) the maximum annual percentage rate as the
number of days in the billing cycle bears to thirty (30); and
(c) notwithstanding subsection (1), if there is an unpaid balance
on the date as of which the loan finance charge is applied, the
lender may contract for and receive a charge not exceeding fifty
cents ($0.50) if the billing cycle is monthly or longer, or the pro
rata part of fifty cents ($0.50) which bears the same relation to
fifty cents ($0.50) as the number of days in the billing cycle bears
to thirty (30) if the billing cycle is shorter than monthly, but no
charge may be made pursuant to this paragraph if the lender has
made an annual charge for the same period as permitted by the
provisions on additional charges (paragraph (c) of subsection (1)
of IC 24-4.5-3-202).
(5) Subject to classifications and differentiations, the lender may
reasonably establish and make the same loan finance charge on all
amounts financed within a specified range. A loan finance charge does
not violate subsection (1) if:
(a) when applied to the median amount within each range, it does
not exceed the maximum permitted by subsection (1); and
(b) when applied to the lowest amount within each range, it does
not produce a rate of loan finance charge exceeding the rate
calculated according to paragraph (a) by more than eight percent
(8%) of the rate calculated according to paragraph (a).
(6) With respect to a consumer loan not made pursuant to a
revolving loan account, the lender may contract for and receive a
minimum loan finance charge of not more than thirty dollars ($30). The
minimum loan finance charge allowed under this subsection may be
imposed only if:
(a) the borrower debtor prepays in full a consumer loan,
refinancing, or consolidation, regardless of whether the loan,
refinancing, or consolidation is precomputed;
(b) the loan, refinancing, or consolidation prepaid by the borrower
debtor is subject to a loan finance charge that:
(i) is contracted for by the parties; and
(ii) does not exceed the rate prescribed in subsection (1); and
(c) the loan finance charge earned at the time of prepayment is
less than the minimum loan finance charge contracted for under
this subsection.
(7) The amount of thirty dollars ($30) in subsection (6) is subject to
change under the provisions on adjustment of dollar amounts
(IC 24-4.5-1-106). However, notwithstanding IC 24-4.5-1-106(1), the
Reference Base Index to be used under this subsection is the Index for
October 1992.
(8) In addition to the loan finance charge provided for in this
section, a lender may contract for the following:
(a) With respect to a consumer loan that is not made under a
revolving loan account, a loan origination fee of not more than
two percent (2%) of the loan amount.
(b) With respect to a consumer loan that is made under a
revolving loan account, a loan origination fee of not more than
two percent (2%) of the line of credit that was contracted for.
(9) The charges provided for in subsection (8):
(a) are not subject to refund or rebate;
(b) are not permitted if a lender makes a settlement charge under
IC 24-4.5-3-202(d)(ii); and
(c) are limited to two percent (2%) of the part of the loan that
does not exceed two thousand dollars ($2,000), if the loan is not
primarily secured by an interest in land.
Notwithstanding subdivision (a), if a lender retains any part of a loan
origination fee charged on a loan that is paid in full by a new loan from
the same lender within three (3) months after the date of the prior loan,
the lender may charge a loan origination fee only on that part of the
new loan not used to pay the amount due on the prior loan, or in the
case of a revolving loan, the lender may charge a loan origination fee
only on the difference between the amount of the existing credit line
and the increased credit line. This subsection does not prohibit a lender
from contracting for and receiving a fee for preparing deeds,
mortgages, reconveyance, and similar documents under
IC 24-4.5-3-202(d)(ii), in addition to the charges provided for in
subsection (8).
SOURCE: IC 24-4.5-3-203.5; (08)HB1211.2.23. -->
SECTION 23. IC 24-4.5-3-203.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 203.5.
Delinquency Charges . (1) With respect to a consumer loan,
refinancing, or consolidation,
other than a first lien mortgage
transaction, the parties may contract for a delinquency charge of not
more than five dollars ($5) on any installment or minimum payment
due not paid in full within ten (10) days after its scheduled due date.
For a first lien mortgage transaction, the parties may contract for
a delinquency charge of not more than five percent (5%) of the
contracted payment amount.
(2) A delinquency charge under this section may be collected only
once on an installment however long it remains in default. With regard
to a delinquency charge on consumer loans made under a revolving
loan account, the delinquency charge may be applied each month that
the payment is less than the minimum required payment on the
account. A delinquency charge may be collected any time after it
accrues. A delinquency charge may not be collected if the installment
has been deferred and a deferral charge (IC 24-4.5-3-204) has been
paid or incurred.
(3) Except for a first lien mortgage transaction, a delinquency
charge may not be collected on an installment or payment due that is
paid in full within ten (10) days after its scheduled due date even
though an earlier maturing installment, minimum payment, or a
delinquency charge on:
(a) an earlier installment; or
(b) payment due;
may not have been paid in full. For purposes of this subsection,
payments are applied first to current installments or payments due and
then to delinquent installments or payments due.
(4) If two (2) installments or parts of two (2) installments of a
precomputed loan are in default for ten (10) days or more, the lender
may elect to convert the loan from a precomputed loan to a loan in
which the finance charge is based on unpaid balances. A lender that
makes this election shall make a rebate under the provisions on rebates
upon prepayment (IC 24-4.5-3-210) as of the maturity date of the first
delinquent installment, and thereafter may make a loan finance charge
as authorized by the provisions on loan finance charges for consumer
loans (IC 24-4.5-3-201) or supervised loans (IC 24-4.5-3-508). The
amount of the rebate shall not be reduced by the amount of any
permitted minimum charge (IC 24-4.5-3-210). Any deferral charges
made on installments due at or after the maturity date of the first
delinquent installment shall be rebated, and no further deferral charges
shall be made.
(5) The amount of five dollars ($5) in subsection (1) is subject to
change pursuant to the section on adjustment of dollar amounts
(IC 24-4.5-1-106).
(6) If the parties provide by contract for a delinquency charge that
is subject to change, the lender shall disclose in the contract that the
amount of the delinquency charge is subject to change as allowed by
IC 24-4.5-1-106.
SOURCE: IC 24-4.5-3-209; (08)HB1211.2.24. -->
SECTION 24. IC 24-4.5-3-209 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 209. Right to
Prepay - (1) Subject to the provisions on rebate upon prepayment
(IC 24-4.5-3-210), the debtor may prepay in full the unpaid balance of
a consumer loan, refinancing, or consolidation at any time without
penalty. With respect to a consumer loan that is primarily secured by
an interest in land, a lender may contract for a penalty for prepayment
of the loan in full, not to exceed two percent (2%) of any amount
prepaid within sixty (60) days of the date of the prepayment in full,
after deducting all refunds and rebates as of the date of the prepayment.
However, the penalty may not be imposed:
(a) if the loan is refinanced or consolidated with the same
creditor;
(b) for prepayment by proceeds of any insurance or acceleration
after default; or
(c) after three (3) years from the contract date.
(2) At the time of prepayment of a consumer loan not subject to the
provisions of rebate upon prepayment (IC 24-4.5-3-210), the total
finance charge, including the prepaid finance charge but excluding the
loan origination fee allowed under IC 24-4.5-3-201, may not exceed the
maximum charge allowed under this chapter for the period the loan was
in effect. For the purposes of determining compliance with this
subsection, the total finance charge does not include the following:
(a) The loan origination fee allowed under IC 24-4.5-3-201.
(b) The borrower debtor paid mortgage broker fee, if any, paid to
a person who does not control, is not controlled by, or is not under
common control with, the creditor holding the loan at the time a
consumer loan is prepaid.
(3) The creditor or mortgage servicer shall provide an accurate
payoff of the consumer loan to the debtor within ten (10) calendar days
after the creditor or mortgage servicer receives the debtor's written
request for the accurate consumer loan payoff amount. A creditor or
mortgage servicer who fails to provide the accurate consumer loan
payoff amount is liable for:
(a) one hundred dollars ($100) if an accurate consumer loan
payoff amount is not provided by the creditor or mortgage
servicer within ten (10) calendar days after the creditor or
mortgage servicer receives the debtor's first written request; and
(b) the greater of:
(i) one hundred dollars ($100); or
(ii) the loan finance charge that accrues on the loan from the
date the creditor or mortgage servicer receives the first written
request until the date on which the accurate consumer loan
payoff amount is provided;
if an accurate consumer loan payoff amount is not provided by the
creditor or mortgage servicer within ten (10) calendar days after
the creditor or mortgage servicer receives the debtor's second
written request, and the creditor or mortgage servicer failed to
comply with subdivision (a).
A liability under this subsection is an excess charge under
IC 24-4.5-5-202.
SOURCE: IC 24-4.5-3-301; (08)HB1211.2.25. -->
SECTION 25. IC 24-4.5-3-301 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 301. (1) For the
purposes of this section, "consumer loan" includes a loan secured
primarily by an interest in land which is a mortgage transaction if the
loan is otherwise a consumer loan (IC 24-4.5-3-104).
(2) (1) The lender shall disclose to the debtor to whom credit is
extended with respect to a consumer loan the information required by
the Federal Consumer Credit Protection Act.
(3) (2) For purposes of subsection (2), (1), disclosures shall not be
required on a consumer loan if the transaction is exempt from the
Federal Consumer Credit Protection Act.
SOURCE: IC 24-4.5-3-508; (08)HB1211.2.26. -->
SECTION 26. IC 24-4.5-3-508, AS AMENDED BY P.L.57-2006,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2009]: Sec. 508. Loan Finance Charge for Supervised
Loans . (1) With respect to a supervised loan, including a loan
pursuant to a revolving loan account, a supervised lender may contract
for and receive a loan finance charge not exceeding that permitted by
this section.
(2) The loan finance charge, calculated according to the actuarial
method, may not exceed the equivalent of the greater of either of the
following:
(a) the total of:
(i) thirty-six percent (36%) per year on that part of the unpaid
balances of the principal which is three hundred dollars ($300)
or less;
(ii) twenty-one percent (21%) per year on that part of the
unpaid balances of the principal which is more than three
hundred dollars ($300) but does not exceed one thousand
dollars ($1,000); and
(iii) fifteen percent (15%) per year on that part of the unpaid
balances of the principal which is more than one thousand
dollars ($1000); or
(b) twenty-one percent (21%) per year on the unpaid balances of
the principal.
(3) This section does not limit or restrict the manner of contracting
for the loan finance charge, whether by way of add-on, discount, or
otherwise, so long as the rate of the loan finance charge does not
exceed that permitted by this section. If the loan is precomputed:
(a) the loan finance charge may be calculated on the assumption
that all scheduled payments will be made when due; and
(b) the effect of prepayment is governed by the provisions on
rebate upon prepayment (IC 24-4.5-3-210).
(4) The term of a loan for the purposes of this section commences
on the date the loan is made. Differences in the lengths of months are
disregarded, and a day may be counted as one-thirtieth (1/30) of a
month. Subject to classifications and differentiations the lender may
reasonably establish, a part of a month in excess of fifteen (15) days
may be treated as a full month if periods of fifteen (15) days or less are
disregarded and that procedure is not consistently used to obtain a
greater yield than would otherwise be permitted.
(5) Subject to classifications and differentiations, the lender may
reasonably establish and make the same loan finance charge on all
principal amounts within a specified range. A loan finance charge does
not violate subsection (2) if:
(a) when applied to the median amount within each range, it does
not exceed the maximum permitted in subsection (2); and
(b) when applied to the lowest amount within each range, it does
not produce a rate of loan finance charge exceeding the rate
calculated according to paragraph (a) by more than eight percent
(8%) of the rate calculated according to paragraph (a).
(6) The amounts of three hundred dollars ($300) and one thousand
dollars ($1,000) in subsection (2) and thirty dollars ($30) in subsection
(7) are subject to change pursuant to the provisions on adjustment of
dollar amounts (IC 24-4.5-1-106). For the adjustment of the amount of
thirty dollars ($30), the Reference Base Index to be used is the Index
for October 1992.
(7) With respect to a supervised loan not made pursuant to a
revolving loan account, the lender may contract for and receive a
minimum loan finance charge of not more than thirty dollars ($30). The
minimum loan finance charge allowed under this subsection may be
imposed only if:
(a) the borrower debtor prepays in full a consumer loan,
refinancing, or consolidation, regardless of whether the loan,
refinancing, or consolidation is precomputed;
(b) the loan, refinancing, or consolidation prepaid by the borrower
debtor is subject to a loan finance charge that:
(i) is contracted for by the parties; and
(ii) does not exceed the rate prescribed in subsection (2); and
(c) the loan finance charge earned at the time of prepayment is
less than the minimum loan finance charge contracted for under
this subsection.
SOURCE: IC 24-9-3-1.1; (08)HB1211.2.27. -->
SECTION 27. IC 24-9-3-1.1 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]:
Sec. 1.1. (a) As used in this section, "creditworthiness",
with respect to a prospective borrower, means those factors likely
to affect the prospective borrower's ability to repay a home loan at
the home loan's trigger rate, including the following:
(1) The prospective borrower's present and future:
(A) income, not including overtime payments, seasonal
compensation, or other irregular income;
(B) expenses, including property taxes and insurance
payments owed in connection with the home that is the
subject of the home loan;
(C) assets; and
(D) liabilities.
(2) The prospective borrower's credit history.
(3) Any other factor likely to affect the prospective borrower's
ability to repay the home loan at the home loan's trigger rate.
(b) For purposes of this section, a creditor conducts a
"reasonable inquiry" into a prospective borrower's
creditworthiness if the creditor:
(1) obtains a consumer report (as defined in IC 24-5-24-2) or
other information maintained by a consumer reporting
agency (as defined in IC 24-5-24-3) with respect to the
prospective borrower; and
(2) obtains information about the prospective borrower
through:
(A) a current or past employer of the prospective
borrower;
(B) public records; or
(C) any other legal or commercially reasonable means.
(c) As used in this section, "stated income or no documentation
loan" means a home loan with respect to which a creditor:
(1) relies solely on a prospective borrower's written or oral
statement of the prospective borrower's creditworthiness; and
(2) does not independently verify the accuracy of the
prospective borrower's statement by conducting a reasonable
inquiry into the prospective borrower's creditworthiness;
in making an underwriting determination with respect to the
prospective borrower.
(d) A creditor may not do either of the following:
(1) Recommend or issue a stated income or no documentation
loan to a prospective borrower.
(2) Recommend or issue a home loan to a prospective
borrower without first conducting a reasonable inquiry into
the prospective borrower's creditworthiness. A creditor, or
any officer, agent, or employee of a creditor, that conducts a
reasonable inquiry under this section is not liable to:
(A) a borrower or prospective borrower;
(B) a subsequent purchaser of a home that was the subject
of a home loan on which a borrower has defaulted; or
(C) any other person;
if a borrower later defaults on a home loan issued by the
creditor.
SOURCE: IC 24-9-3-4.5; (08)HB1211.2.28. -->
SECTION 28. IC 24-9-3-4.5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]:
Sec. 4.5. (a) This section applies to a home loan that first
becomes sixty (60) days past due after June 30, 2008.
(b) Subject to subsection (c), whenever a home loan becomes
sixty (60) days past due, the creditor, or a loan servicer acting on
the creditor's behalf, shall provide written notice of the
delinquency to the borrower. The notice required under this
section must offer the borrower:
(1) a temporary forbearance with respect to the home loan,
subject to:
(A) terms agreed upon by the creditor and the borrower;
and
(B) any applicable increase in the outstanding principal
balance of the home loan, as allowed under IC 24-9-4-4(b);
(2) a payment plan; or
(3) any other option for the refinancing, restructuring, or
workout of the existing indebtedness.
(c) Any option offered by the creditor under subsection (a) may
not increase the interest rate on the home loan because of the
delinquency. However, this subsection does not apply to interest
rate changes in a variable rate home loan that are otherwise
consistent with the provisions of the home loan documents, if the
change in the interest rate is not triggered by the delinquency.
SOURCE: IC 24-9-4-8; (08)HB1211.2.29. -->
SECTION 29. IC 24-9-4-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 8. (a) A creditor may
not make a high cost home loan without regard to repayment ability.
(b) If a creditor presents evidence that the creditor:
(1) followed commercially reasonable practices in determining
the borrower's debt to income ratio; and
(2) conducted a reasonable inquiry into a prospective
borrower's creditworthiness under IC 24-9-3-1.1;
there is a rebuttable presumption that the creditor made the high cost
home loan with due regard to repayment ability. For purposes of this
section, there is a rebuttable presumption that the borrower's statement
of income provided to the creditor is true and complete.
(c) For purposes of subsection (b)(1), commercially reasonable
practices include the use of:
(1) the debt to income ratio:
(A) listed in 38 CFR 36.4337(c)(1); and
(B) defined in 38 CFR 36.4337(d); and
(2) the residual income guidelines established under:
(A) 38 CFR 36.4337(e); and
(B) United States Department of Veterans Affairs form
26-6393.
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