All Roll Calls
Yes: 182 • No: 2
Sponsored By: Scott Baldwin (Republican)
Signed by Governor
Repeals the statutes governing first lien mortgage lending, small loans, mortgage rescue protection fraud, and home loan practices and the Uniform Consumer Credit Code. Recodifies the repealed statutes in a new title of the Indiana Code concerning consumer lending (Title 37). Conforms the structure and organization of the recodified statutes to the requirements of the general assembly's drafting manual. Makes conforming changes to cross-references.
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161 provisions identified: 82 benefits, 16 costs, 63 mixed.
A consumer loan made without the legally required authority is void: the borrower owes neither principal nor finance charges. Borrowers can also recover payments already made from the violator or a qualifying assignee. Lawsuits involving revolving loans must start within two years after the violation. For other loans, the deadline is one year after the last scheduled payment was due. The creditor can avoid liability by proving the violation was unintentional or resulted from a genuine error.
Someone who breaks Indiana's small-loan law loses the right to collect or keep principal, interest, and other charges. The borrower can recover actual damages, $2,000 per violation, court costs, and attorney fees. These remedies do not apply when the violation results from an accident or a genuine calculation error. Violations also carry deceptive-act penalties, and the state financial department can seek court orders to stop them.
A consumer loan is void when the creditor or its agent violates the law's authority-to-lend requirements. The borrower owes neither the principal nor the loan finance charge.
For covered residential mortgages at least 60 days delinquent, lenders or servicers must acknowledge qualifying written short-sale offers within five business days. They must accept or reject within 30 business days, with up to 15 extra business days after timely notice explaining why. Business-day periods exclude weekends and legal public holidays; offers must meet federal qualified-written-request standards, and third-party acknowledgments require the debtor's written authorization. Accepted short-sale payment settles covered mortgage debt unless the debtor signs or initials continued liability by payment or acceptance. Missed response deadlines carry liability under federal mortgage-servicing law.
Borrowers do not owe charges above the legal limit and can recover excess payments, including through a debt credit. Refusing a refund after demand can bring a court penalty up to the greater of the finance charge or 10 times the overcharge. A deliberate or reckless overcharge can bring a penalty even after a refund. Penalty lawsuits must start within two years after a revolving-account overcharge, or one year after another transaction's last scheduled payment. Duplicate-penalty limits apply, and creditors can avoid the penalty by proving an unintentional violation or genuine error.
Lenders cannot take land as security for supervised loans of $4,000 or less; an unlawful land claim is void. For consumer sales priced at $4,000 or less, repossession or accepted surrender ends the buyer's personal liability for the remaining sale debt. That sale-price threshold adjusts using the October 2012 reference index, and the protection also covers other goods pledged for the sale debt. Buyers can still owe damages for wrongfully damaging or withholding the purchased collateral; sellers need not resell those purchased goods. A seller who gets a debt judgment cannot take or force a sale of collateral if repossession would bar a remaining-balance judgment.
Covered lenders cannot deceive borrowers, advertise unavailable terms, charge prohibited fees, or skip required disclosures. The law also bans mishandling loan funds, false accounting, hiding examination records, and improper influence over mortgage appraisals. Lenders cannot require property insurance above the replacement cost of improvements. Creditors cannot discriminate based on race, color, religion, national origin, sex, marital status, or age. The discrimination protection applies to applicants who can legally make a contract.
Non-revolving supervised loans of $4,000 or less require one payment or substantially equal payments at regular intervals, allowing income-based seasonal adjustments. Terms cannot exceed 25 months for loans of $300 or less, or 37 months for larger covered loans. At its due date, you can refinance a payment exceeding twice the earlier payment average, without penalty or worse terms. This right excludes first-lien mortgages, revolving accounts, interest-only-until-final-payment loans, and schedules matched to seasonal or irregular income. The law also preserves a separate high-cost home loan exception.
Full payoff requires prompt refunds of unused property insurance premiums when the creditor or credit account is a beneficiary. Borrowers or their estates also receive specified insurance-charge refunds when credit insurance proceeds fully prepay the debt. Creditors must keep refund records and promptly refund or credit charges for missing, shortened, or early-ended coverage, subject to exceptions. Under the credit-insurance refund rules, amounts totaling less than $1 need not be refunded; refunds unpaid 60 days after debt termination earn daily interest at the contracted annual percentage rate. A pattern of failing to pay that interest can bring penalties up to $1,000 per occurrence.
Nonrefundable prepaid finance charges on land-secured consumer loans cannot exceed 3% of the loan or revolving credit line. For unsecured loans, the cap is $50 for agreements before July 1, 2020; later agreements allow $75 through $2,000, $150 above $2,000 through $4,000, and $200 above $4,000. These dollar caps are not inflation-adjusted, and overcharges on post-June 30, 2020 unsecured loans are refundable. For consumer and supervised loans not secured by land, a same-lender payoff within three months bars another prepaid charge on the replacement loan or increased revolving line when the lender keeps part of the old fee; no more than two such fees are allowed in any 12 months. Specified loans made before July 1, 2020 and refinanced after June 30, 2020 can use the newer limits, subject to these repeat-fee restrictions.
For non-revolving consumer-related sales, the yearly credit charge cannot exceed 25%, calculated actuarially on unpaid financed balances. Revolving charge accounts follow a separate charge rule, not this cap. Businesses making consumer-related sales are exempt from IC 37-2-7-24 through 26.
For covered disclosure violations, an individual can recover twice the credit charge, with a $100 minimum and $1,000 maximum. Class-action awards cannot exceed the lesser of $500,000 or 1% of the creditor's net worth. Successful borrowers can also recover court costs and reasonable attorney fees, generally by suing within one year after the violation. A creditor can avoid liability by correcting within 60 days of discovery, before suit or written notice, and adjusting charges. A separate defense covers unintentional, genuine errors despite prevention procedures; duplicate-recovery limits and qualifying-assignee rules also apply.
Consumer loans with annual finance-charge rates above 25% are classified as supervised loans. When a creditor breaks covered payment-schedule or loan-term limits, the borrower does not owe the finance charge. A court can also award up to three times that charge against the violator or a qualifying assignee. The borrower must sue within one year after the last scheduled payment was due. The creditor can avoid liability by proving the violation was unintentional or resulted from a genuine error.
Indiana rules cover credit sales, leases, loans, and changes made in Indiana, plus qualifying deals solicited from Indiana residents. The solicitation rule excludes deals secured by out-of-state land or signed at a creditor's out-of-state business. Covered contracts generally cannot select another state's law or courts, fix the court location, or waive consumer rights. Exceptions preserve agreed home-state law for non-Indiana residents and good-faith settlements, unless a court finds the waiver grossly unfair. Qualifying out-of-state deals remain enforceable, and materials made in compliance with the former law retain their legal status.
For consumer loans other than supervised loans, annual finance charges cannot exceed 25%, measured on unpaid principal using the actuarial method. Agreements after June 30, 2020, must calculate charges on unpaid principal; older agreements can use other methods within the cap. Lenders cannot enter new precomputed consumer loan agreements after June 30, 2020. Revolving loans have a 2.083% monthly benchmark, plus up to $0.50 when a balance remains, but not alongside an annual charge for the same period; both amounts adjust for nonmonthly cycles. Combined finance and prepaid charges must meet Indiana's criminal-usury limit, including relevant depository-institution charges, and lenders cannot split loans among themselves or related lenders to evade supervised-loan limits or rate disclosures.
Loan offers using checks or similar instruments that activate a new loan must carry a clear warning in at least 10-point type. It must say: “This is a solicitation for a loan. Read the enclosed disclosures before signing this agreement.” You do not owe the loan when someone steals or wrongly receives an instrument meant for you and fraudulently cashes it.
Supervised loans and credit sales agreed to after June 30, 2020, share a two-part annual charge ceiling. The ceiling is the greater of 25% on the full unpaid balance or tiered rates: 36% through $2,000, 21% above $2,000 through $4,000, and 15% above $4,000. The tier thresholds are subject to inflation adjustments. Consumer-related loans, including revolving loans, have a separate 25% annual ceiling. Revolving credit-sale accounts generally have a 2.083% monthly ceiling, adjusted for other billing periods, with a limited 50-cent charge. Supervised loans made after June 30, 2020, cannot precompute charges; charges must instead follow unpaid principal.
After an initial small loan and three consecutive small loans, the lender must offer an extended payment plan. Borrowers can request it during the loan term after the cancellation period ends, provided they have not defaulted. The written plan must provide at least four equal payments over at least 60 days, with no plan fee. No payment is due before the original due date, and borrowers cannot take another small loan while in the plan. Lenders cannot discourage or influence a borrower's request.
After default, lenders and loan buyers can seek only principal, finance charges, an authorized insufficient-funds fee, and court-awarded interest and costs. They cannot seek attorney fees, triple damages, interest before judgment, or other remedies; contracts must explain this in bold, 14-point type. The law bans criminal collection, unlawful threats, deception, altered security checks, fees to cash loan-proceeds checks, and fee-limit evasion. It also bars insurance sales, prohibited rights waivers and wage assignments, and same-lender refinancing or consolidation except where the law allows. Mandatory arbitration requires approval of its terms by the state financial regulator's director.
A creditor cannot use civil court to collect credit tied to an understood threat of violence or other criminal harm. Both sides must have understood that risk when the credit was extended. An actuarial annual rate above 45%, combined with the creditor's reputation for such collection methods, is initial evidence of unenforceability. The 45% threshold is an evidence rule, not a general interest-rate cap.
Creditors cannot seize unpaid earnings through garnishment or similar proceedings before a judgment. After judgment, total ordinary garnishment is limited to the lesser of 25% of weekly disposable earnings or earnings above 30 times the federal minimum hourly wage. A court can lower the 25% limit for good cause, but not below 10%. Other pay periods use a matching wage calculation.
Individual borrowers can raise high-cost loan claims and defenses against later holders, except those under IC 37-5-3-7. A holder avoids this rule by proving ordinary due diligence could not identify the loan as high-cost. A claim under IC 37-5-4-2 has a three-year deadline after closing and requires specified collection or foreclosure events, or default over 60 days. Original actions for article violations have a five-year deadline; specified claims and defenses remain available during the loan term after collection, foreclosure, acceleration, or default over 60 days. Recovery is limited to reducing or ending loan liability and covering costs, including reasonable attorney's fees.
High-cost home lenders cannot finance life or health insurance, directly or indirectly. They cannot charge fees to modify, renew, extend, amend, or defer payments on these loans. Lenders cannot knowingly or intentionally charge points or fees on proceeds refinancing another high-cost home loan within four years of origination. That refinancing rule covers only the proceeds used to repay the earlier loan. Lenders also cannot knowingly or intentionally split home loans to evade protections; related transactions' points and fees count together.
Before a foreclosure reconveyance deal, purchasers must verify the homeowner can afford repayment, including lease payments and repurchase when applicable. Ability to pay is presumed when housing expenses and regular payments on other personal debt total no more than 60% of gross monthly income. Relying only on the homeowner's financial statement creates a presumption that verification failed; purchasers must give rights notices, complete settlement before transfer, and meet applicable security requirements. If the purchaser resells within 18 months after the agreement, the homeowner receives at least 66% of net proceeds within 90 days after resale, plus a detailed accounting. Purchasers must also return title on time when the agreement requires it.
Lenders must consider a borrower's ability to repay before making a high-cost home loan. Commercially reasonable debt-to-income practices, including specified Veterans Affairs standards, create a presumption of compliance that can be challenged; stated income is presumed complete and true. Lenders must provide HUD- or state-certified nonprofit counseling contacts when they give the required good faith estimates. Recorded mortgages must prominently identify high-cost loans. Before transferring a loan, lenders must warn buyers that special rules apply and borrower claims and defenses may follow the loan.
High-cost mortgage borrowers or authorized representatives may cure default after a lender demands full payment, but before property title transfers. They must provide the payment or performance required by the security document. A cure restores original loan terms and cancels the default-based demand for full payment. Creditors must use the property's state's court foreclosure process, where borrowers may contest default and raise claims or defenses. Claims and defenses already barred by legal deadlines remain barred.
Covered home-loan violations carry actual damages, including consequential losses without proof of reliance, plus costs and reasonable attorney fees. Statutory damages equal twice agreed finance charges, except for violations of IC 37-5-3-7(c)(4), (5), or (6). Claims generally have a five-year discovery deadline; deceptive-act suits require notice to the homeowner protection unit and at least 90 days to act. Courts may also grant equitable relief; remedies are cumulative, and administrative remedies generally need not be exhausted. Separately, homeowners harmed by foreclosure-protection violations may recover damages and seek attorney fees; knowing or willful violations permit up to triple actual damages.
Foreclosure consultants must provide written rights notices, contracts, cancellation notices, and advance disclosure of payments from third parties. They generally cannot collect before completing promised services, subject to the law's security requirements. Loans they make to homeowners cannot carry fees, interest, or other compensation above 8% per year. The law limits consultants' property interests and powers of attorney and requires service records for three years after contracts end. Foreclosure purchasers cannot use unfair repurchase or lease terms, falsely promise to save homes, or record, transfer, or encumber property interests before cancellation rights expire.
High-cost home-loan terms cannot require arbitration or a forum less convenient, more costly, or slower than an available Indiana court. Terms limiting borrower claims or defenses are also void. An individual facing home-loan foreclosure can assert a federal Truth in Lending cancellation right as a debt-reduction defense throughout the loan term. Recovery through that defense is limited to reducing or ending loan liability and covering costs, including reasonable attorney's fees.
The law bans deceptive acts in mortgage and real estate transactions. People cannot make false claims about transaction terms, sponsorship, or property features and benefits when they know or reasonably should know they are false. Foreclosure consultants also cannot tell homeowners they have government or government-program endorsement, sponsorship, or ties.
For first mortgages at least 60 days delinquent, lenders or servicers must acknowledge qualifying written short-sale offers within five business days. Offers must meet federal qualified-written-request standards; third-party offers need the borrower's written authorization for acknowledgment. Acceptance or rejection is due within 30 business days, with one extension of up to 15 business days. An extension requires notice explaining the reason before the first deadline; missed response deadlines carry liability under federal servicing law. The short-sale payment clears the debt unless the borrower signs or initials an acknowledgment that a balance remains due.
Creditors cannot contract for or charge prepayment penalties on covered variable-rate home loans closed after June 30, 2009. This also covers refinancing and consolidation when the rate can change during the loan term. For covered high-cost home loans, penalties during the first 24 months cannot exceed 2% of the amount prepaid. Creditors cannot contract for penalties after the second year following closing. The high-cost loan limits exclude loans described in IC 37-5-3-6(b).
Creditors cannot finance credit life, disability, unemployment, or property insurance, or debt cancellation or suspension agreements, into covered home loans. Premiums and fees calculated and paid monthly are not treated as financed costs. High-cost home loans also cannot finance points or fees, directly or indirectly. People cannot intentionally evade the article by splitting loans or using open-end credit that would qualify as high-cost if closed-end.
First-lien mortgages fall under the chapter's consumer-credit rules when they otherwise qualify as consumer credit sales. Mortgages otherwise qualifying as consumer loans or credit sales also receive specified disclosure remedies and cancellation rights. Violating applicable state or federal first-lien mortgage rules also violates this article. Indiana's Department of Financial Institutions can enforce federal disclosure penalties. First-lien creditors must also follow the referenced property-tax law, IC 6-1.1-12-43, when it applies.
Creditors cannot knowingly or intentionally replace a qualifying government or nonprofit subsidized loan with a high-cost home loan during its first 10 years. The restriction also covers combining that loan with other debt. The original rate must be at least 2 percentage points below the comparable-maturity Treasury yield. The required comparison uses the fully indexed or fully stepped-up rate when applicable. The current loan holder can permit the transaction through written consent.
Creditors cannot encourage borrowers to default on existing debt before and as part of a home-loan refinancing closing. Home-loan contracts cannot let creditors demand full repayment at their sole discretion without a material reason. Good-faith demands remain allowed when borrowers break important loan terms. Only qualifying financial institutions, the creditor, its mortgage servicer, or a closing agent can hold accounts for property taxes and insurance.
High-cost home loans generally cannot require payments above twice the average of earlier monthly payments. Exceptions cover payments due after at least 120 months, schedules reflecting seasonal or irregular income, and qualifying bridge loans for an intended principal home. Regular payments cannot leave unpaid interest that increases principal, except during temporary relief requested by the borrower. Rates cannot rise because of default, though normal contract-based variable-rate changes remain allowed. Loan proceeds cannot combine and prepay more than two required payments.
Employers cannot fire workers because creditors garnish, or try to garnish, their unpaid earnings to pay judgments. The garnishment or similar proceeding must be directed to the employer. Workers fired in violation of this protection can sue within six months for reinstatement and lost wages. Wage damages are capped at six weeks of lost wages.
Sellers cannot require guaranteed asset protection, or GAP, and must obtain a signed or initialed request after written disclosures. Agreements include a $500 minimum deductible and a 30-day free-look period. When the charge exceeds $400, cancellation before full prepayment brings an unearned-charge refund at least as favorable as pro rata; full prepayment ends coverage and requires that refund. Vehicle credit sales cannot include GAP when financing, excluding GAP, credit insurance, warranties, and service agreements, is below 80% of new-vehicle MSRP or used-vehicle average retail value. Creditors selling GAP must insure their obligations with an Indiana-authorized insurer and keep required records.
A proposed small loan's principal and finance charges, plus outstanding small-loan balances from all lenders, cannot exceed 20% of monthly gross income. Borrowers cannot hold more than one small-loan agreement with the same lender. A new loan cannot push combined principal balances above the $550 base limit, adjusted using the October 2006 reference index. Lenders also cannot lend to someone who already has two or more small loans, regardless of their balances. Providers offering both small loans and earned wage access cannot provide either product while the borrower owes them on the other.
Combined support withholding and garnishment cannot exceed 50% of weekly disposable earnings when the worker supports another spouse or dependent child. The limit is 60% without that other supported spouse or child. For support owed for periods before the 12-week window ending with the workweek, the limits rise to 55% and 65%, respectively. These caps preserve some wages while allowing more withholding for older support debt.
First-lien mortgages generally fall outside the consumer-loan chapter unless an agreement brings them under it. Disclosure, borrower remedies, payoff, property-tax information, and specified enforcement rules still apply. Consumer-related loans receive additional consumer-lending protections, but those added rules exclude finance-charge rates and rights to prepay and receive rebates. Credit sellers making covered subordinate-lien mortgage sales must follow the consumer-loan chapter's licensing rules.
Homeowners can cancel foreclosure-consultant contracts before midnight of the seventh business day after signing. For foreclosure reconveyance agreements, the seven-business-day period starts when the property interest transfers. Consultant cancellation notices must be written and sent by mail or to a listed fax or email; mailed notices take effect three days after proper prepaid mailing. Homeowners must repay covered advances within 30 days after cancellation, or the cancellation is void. At least 10 days after effective cancellation, consultants must return payments minus the value of actual services.
The law's mortgage transaction definition includes specified home loans, first-lien mortgages, residential credit sales, and qualifying reverse mortgages. Coverage depends on Indiana property, dwelling, occupancy, and lien rules; federal law limits coverage of business or investment loans. Separately, the Home Loan Practices article generally excludes specified bank, federal-program, and Indiana housing authority loans, plus loans above Fannie Mae's conforming limit. Exceptions in IC 37-5-3-7(c)(3) through (5) preserve coverage for some excluded loans. Loans made before January 1, 2005, are outside the specified home-loan requirements.
Consumer loan agreements cannot impose default charges unless the law allows them, except reasonable expenses to enforce a security interest. For consumer-related loans and sales, permitted charges include reasonable attorney fees, security-enforcement expenses, and charges allowed for the corresponding consumer loan or credit sale. Default-related deferral charges on consumer-related loans and sales cannot exceed 25% per year of the amount deferred. Agreement terms that violate these limits cannot be enforced.
The state financial regulator may correct charges and require refunds when sellers or lenders use accounting methods to evade legal limits. The regulator must make a written finding and deliver it to every transaction party. The finding is subject to administrative review.
Lenders must give required federal credit disclosures for covered consumer loans, including qualifying first-lien mortgages, unless federally exempt. Both parties can sign a written agreement applying consumer-loan protections to a loan otherwise outside those rules. For transactions with cancellation rights, funds must be available on the later of two dates. Those dates are the first business day after cancellation rights expire and when the creditor reasonably confirms no cancellation. Indiana's financial institutions department may also offer credit education programs, but no particular program is required.
Covered credit-sale creditors and servicers must provide dated, accurate, itemized payoff statements within seven business days of written requests. The deadline excludes weekends and legal public holidays. Missing the first deadline creates $100 liability; missing a second-request deadline creates liability for the greater of $100 or accrued credit charges. Those charges run from receipt of the first request until an accurate statement arrives. Home-loan creditors also face a seven-business-day deadline and cannot charge for payoff balances or prepayment releases, except requested priority-delivery costs.
Separate insurance charges generally cannot exceed the insurer's premium, calculated when charged and consistent with required rate filings. Revolving accounts can use specified balance or benefit measures with the current premium rate. When insurance is required, you can offer an existing or independently purchased policy after notifying the creditor; rejection requires reasonable cause. For deferrals, refinancings, or consolidations, an added insurance charge requires your agreement at or before the transaction, extra coverage, and a refund or credit for unexpired old coverage. The new charge must stay within the permitted amount and cannot duplicate coverage previously charged separately.
Creditors must send agreed insurance policies or certificates within 30 days after coverage starts, or promptly report a delay or failure. Consumer credit insurance generally starts by the later of the debt obligation or coverage application and lasts through final scheduled payment. Later starts are allowed for newly insured existing debts or required insurability evidence supplied over 30 days late. Shorter terms require written disclosure; revolving coverage can end early with 30 days' notice, and extensions beyond 15 days require no added cost or a loan deferral, refinancing, or consolidation. With separately charged property insurance, you bear loss not caused on purpose only to the extent effective coverage falls short, even if only the creditor is insured.
A creditor can request cancellation of your property or liability insurance only after default or under your written authorization. Written notice must come before cancellation takes effect. Cancellation must wait at least 10 days after notice is delivered, or 13 days after it is mailed.
Credit-sale payments count when received unless delay adds no charge; accepted payments missing written requirements must count within five days. Charges caused by late crediting must be reversed in the next payment period; home-loan payments count on the business day received. Buyers and lessees may keep paying original payees until effective assignment notice, or when requested reasonable proof is not provided promptly. Payments on linked sale debts go to earlier sales first, releasing each item's security interest when its debt is paid. Revolving payments cover charges first, then debts in entry order; same-day sale debts are paid smallest first.
You can keep paying your original lender until a notice identifies the transferred payment rights and the new payee. If you request proof and it is not provided promptly, you can continue paying the original lender. Creditors generally must credit payments on receipt, unless delay causes no added charge. Accepted payments that break written payment rules must be credited within five days. Charges caused by improper delays must be credited back during the next payment period.
Courts can reject or limit credit agreements or terms found grossly unfair when made, after allowing evidence about their context. A charge or practice expressly allowed by this law is not grossly unfair by itself. Courts may award your reasonable attorney fees after finding that a creditor violated the consumer-credit law. When a lender demands full early repayment and obtains judgment, you retain the rebate calculated as though you paid on the judgment date.
Creditors and mortgage servicers must provide an accurate, dated, itemized payoff statement within seven business days of your written request. Weekends and legal public holidays do not count. Missing the first deadline creates $100 liability. After that failure, missing a second request's seven-business-day deadline creates liability for the greater of $100 or accrued finance charges. Those charges run from receipt of the first request until the accurate payoff is provided.
Lenders cannot take an assignment of your earnings to pay or secure a consumer loan or other debt. Prohibited assignments are unenforceable and revocable; lawful, employee-authorized wage deductions remain allowed when revocable. Selling unpaid earnings for money counts as a loan secured by an earnings assignment. A consumer-loan borrower also cannot authorize someone else to confess judgment against them, bypassing the ordinary court process. Any such authorization is void.
The credit-sales chapter covers consumer credit sales, including home solicitation sales, and consumer leases. Different sections also cover consumer-related sales. Sellers and lessors must give required federal disclosures, including for covered first-lien land sales; federal exemptions still apply. Home solicitation rules must follow federal standards for cancellation notices, buyer duties, and returning down payments.
Sellers cannot intentionally use multiple agreements to exceed credit charge limits or avoid annual percentage rate disclosures. Excess charges remain subject to the law's enforcement rules. Sellers and lessors cannot offer referral rewards that depend on an event after the consumer agrees to the deal. If that offer induces the transaction, the agreement is unenforceable. The consumer can cancel or keep delivered goods and completed services without paying for them.
For precomputed credit sales, refinancing, or consolidation entered before July 1, 2020, written deferral agreements carry a charge cap. The cap is the lower of 36% yearly or the previously disclosed rate; an original written agreement can authorize unilateral deferral after payment is over 10 days late. No deferral charge applies after acceleration, and sellers cannot keep a late fee for the same period. When two installments or parts are at least 10 days late, creditors can convert precomputed sales to charges based on unpaid balances. Conversion requires prepayment-rule rebates as of the first delinquent installment's maturity date, rebates of deferral charges from that date, and no further deferral charges.
Contract-authorized late fees generally apply only when a payment remains unpaid in full more than 10 days after its due date. Transactions before July 1, 2019, have a $5 cap subject to statutory adjustment, which the contract must disclose. For later transactions, fixed caps are $5 for payment intervals of 14 days or less and $25 for intervals of 15 days or more. The $25 cap also covers a single installment due at least 30 days after the transaction. Fees generally apply once per installment and are barred in specified overlapping-charge cases or when only an earlier late fee remains unpaid and payment otherwise arrives within 10 days.
Covered obligations when a consumer lease expires cannot exceed three times the average monthly lease payment. Damage charges and other default charges fall outside this cap and remain separately chargeable when authorized.
Sellers and lessors cannot take assignments of consumers' earnings; prohibited assignments are unenforceable and revocable. Lawful, revocable payroll deduction authorizations remain allowed. Credit-sale default charges must be authorized by the article, except reasonable expenses to enforce a security interest. Sale or lease contracts can allow reasonable attorney's fees only after default and referral to an attorney not employed on salary by the seller, lessor, or lessor's assignee. Consumers cannot authorize someone to concede a court judgment against them on a credit-sale or lease claim; such authorizations are void.
Credit-sale buyers may refinance a payment when due without penalty if it exceeds twice the average of earlier scheduled payments. Refinancing terms cannot be less favorable than the original sale. This right excludes revolving accounts, sales requiring only credit-charge payments before the final payment, and schedules adjusted for seasonal or irregular income.
Full payoff of a precomputed consumer loan, refinancing, or consolidation agreed before July 1, 2020 generally requires a rebate of unearned finance charges. No rebate is required below $1; the law sets a periodic-balance formula and adjustments for irregular payment schedules. For loans lasting more than 61 months, the rebate calculation uses the disclosed annual rate and remaining full periods' unpaid balances. When consumer credit insurance pays a loan in full, payoff is treated as occurring when the lender receives the proceeds. That date cannot be later than 10 business days after satisfactory proof of loss, whether or not the loan is precomputed.
Small-loan charges are capped at 15% of the first $250, 13% above $250 through $400, and 10% above $400 through $550. The $550 limit is adjusted using the October 2006 reference index. A dishonored check, transfer, or debit authorization carries at most one $25 fee, even after repeated collection attempts. Lenders can attempt collection by check or account debit no more than three times. Small-loan rules also cover loans that fail the legal definition, have terms below 14 days, or break listed rules; regulators can bring their charges within the referenced legal limits.
Small-loan lenders must provide federal credit disclosures and display the required warning in lending areas and loan documents. At signing, borrowers receive a state-approved pamphlet about counseling services and their rights and duties. Lenders must provide required documents before releasing funds and signed, dated receipts showing each payment and remaining balance. Accepted borrower checks must immediately receive a stamp preserving the borrower's claims and defenses against later holders. Checks marked void when accepted do not need the stamp.
Small-loan lenders must check their records and an available outside database for borrowers' outstanding loans and balances. They must update check-presentment, dishonor, and partial-payment records, plus bankruptcy discharges supported by borrower evidence. The financial institutions department must require a commercially reasonable verification method when identified and can require removal of departing lenders' records. Lenders must verify Social Security numbers supplied by borrowers and keep copies of the documents used. For borrowers without a Social Security number, lenders may require and accept another valid government-issued ID, with verification and recordkeeping.
Earned wage access providers required to be licensed cannot add late fees, deferral fees, interest, or penalties for nonpayment. They cannot collect through unsolicited outbound calls, consumer lawsuits, third-party collectors, or sales to debt buyers. The collection limits do not cover amounts obtained through fraud or other unlawful means. Providers retain contract claims against employers, and the rules do not cancel consumers' outstanding amounts.
Earned wage access providers required to be licensed cannot mislead consumers about whether tips or donations are voluntary. They cannot suggest a default contribution above $0 or claim contributions benefit specific people. Providers also cannot share consumer fees, tips, gratuities, or donations with employers. Consumers can still choose to tip.
The Indiana Housing and Community Development Authority must maintain a directory of qualifying nonprofit counselors. Homeowners can request their names and phone numbers. Listed groups must advise homeowners facing foreclosure or loan default. They cannot contract for services with for-profit lenders or foreclosure purchasers.
Before paying a contractor from a high-cost home loan, the lender must receive signed, dated certification that improvements are complete. Payment must be payable to the borrower or jointly to the borrower and contractor. The borrower can instead choose a third-party escrow. That option requires a written agreement signed by the borrower, lender, and contractor before funds are paid.
Before making high-cost home loans, creditors must give written warnings by the deadline in 12 CFR 226.31(c). Notices cover comparing costs, foreclosure risk, independent advice, taxes, insurance, and existing debt payments. Mortgages or deeds securing zero-interest or subsidized low-rate loans, executed after January 1, 2005, must prominently identify their statutory coverage. Lenders making consumer loans secured by land used or expected as the borrower's main home must also follow IC 6-1.1-12-43.
In covered land-contract sales, sellers must disclose liens or other burdens affecting the property's title. Notice must arrive by certified mail with a return receipt requested. Existing burdens must be disclosed no later than contract signing. Sellers must disclose later burdens within 10 business days after they are created.
Creditors cannot charge prepayment penalties on variable-rate first-lien mortgages, refinancings, or consolidations closed after June 30, 2009. For high-cost home loans, a lender cannot include a prepayment penalty without offering a no-penalty loan option. The written offer must use large bold labeling, include the required choice notice, and be initialed by the borrower. The high-cost loan choice rule excludes loans described in IC 37-5-3-6(b).
First-mortgage creditors and servicers must provide accurate, written, itemized payoff amounts within seven business days of a written request. Saturdays, Sundays, and legal public holidays do not count. Missing the first deadline creates $100 liability to the borrower. After both a first and second missed request deadline, liability is the greater of $100 or finance charges from the first request's receipt until an accurate payoff is provided. The department can also order refunds of overcharges caused by breaking first-mortgage terms; those refunds are not automatic.
People cannot handle or solicit real estate or mortgage transactions without a license or permit already required by law. Licensing rules also apply to consumer credit sales secured by a second or other lower-priority mortgage lien. People working only as processors or underwriters cannot claim publicly that they can originate mortgages. That advertising limit also covers sponsored mortgage originators while working solely as third-party processors or underwriters.
For first-lien mortgages with a federal cancellation right, creditors cannot accrue interest during the cancellation period. Violating that federal right also violates the state article. Creditors must make proceeds available on the later of two dates: when reasonably satisfied the borrower did not cancel, or the first business day after the cancellation period ends.
The Indiana attorney general and Homeowner Protection Unit enforce the consumer lending law. The attorney general can seek repayment to consumers, investigation and prosecution costs, and orders stopping violations. Civil penalties reach $10,000 per violation, including each violation of a court order. Enforcement actions must start within five years of the violation. The authority to seek an order excludes the specified violation under IC 37-5-3-7(c)(4) by businesses requiring a state financial license.
State regulators can remove or bar creditor leaders for covered violations, fraud, unconscionable conduct, or felony convictions when the statutory grounds exist. Temporary suspension or participation bans can protect creditors or customers while proceedings continue. Final orders can fine officers or directors up to $15,000 per established act or violation; creditors cannot reimburse those penalties. The money goes to the financial institutions fund. People with felony convictions need the director's written consent to hold covered leadership roles; creditors willfully allowing prohibited service face $500 per day.
Knowingly or intentionally breaking the consumer lending law is a Class A misdemeanor. The attorney general can also pursue violations under Indiana's deceptive sales law and seek its penalties. That civil authority excludes the specified IC 37-5-3-7(c)(4) violation by a person required to hold a state financial-department license.
Knowingly overcharging borrowers or making consumer loans without a required license is a Class A misdemeanor. Knowingly giving false information or omitting required credit disclosures also carries that charge. Covered credit businesses and debt buyers commit a Class A infraction by knowingly collecting without meeting notice or fee requirements. Small-loan database violations can bring civil fines up to $100 each, not payments to borrowers. Knowing or intentional foreclosure-protection violations are Class A misdemeanors and deceptive acts the attorney general can pursue.
Indiana's Department of Financial Institutions can suspend or revoke consumer-lending and first-lien mortgage licenses for listed misconduct or qualification failures. Grounds include repeated willful violations, material dishonesty, improper licensing for another person, and facts supporting license denial. Ordinary consumer-lending discipline requires notice and a reasonable chance to respond; emergency or temporary orders can protect the public. Violating another state or federal rule governing a consumer-credit transaction also violates Indiana's consumer-credit article. The department can enforce federal mortgage-disclosure penalties under 15 U.S.C. 1640.
Indiana's financial institutions department can require refunds for contract-term overcharges on credit sales, leases, or loans and enforce prepayment-penalty rules. It can seek court orders stopping knowing or intentional material deception in first-lien mortgages. It can also challenge grossly unfair terms or fraudulent or grossly unfair sales and collection practices when credit primarily enables actual or likely consumer harm. After notice and a hearing opportunity, the department can impose up to $10,000 per violation and order restitution for willful violations. Courts can impose up to $5,000 for repeated, willful violations within a two-year lookback, excluding unconscionable agreements and fraudulent or unconscionable conduct.
After notice and a hearing, the Department of Financial Institutions can order creditors and their agents to stop violations; court review is available. For unfair agreements or fraudulent or unfair conduct covered by the exception, it must instead seek a court order. The department can also sue over applicable state or federal violations and accept written promises to stop prohibited conduct. Breaking a promise can prove earlier misconduct; vendors doing routinely reviewed lender work must submit to requested, justified reviews, potentially at their expense. The director can order licensed lenders to drop vendors that refuse; civil penalties collected under the covered chapter enter the financial institutions fund.
Indiana's financial regulator can hire experts, share regulatory resources, rely on outside reports, and monitor individual small-loan transactions with technology. It can apply consumer-credit rules to disguised credit through a written decision delivered to all parties, with administrative review available. It can also enforce specified debtor rights against creditors it regulates or must regulate. Creditors cannot reimburse officers or directors for civil penalties imposed under the chapter. People enforcing the listed deception, unlicensed-transaction, and misrepresentation bans cannot knowingly or intentionally intimidate, coerce, or harass others.
Licensed consumer lenders can offer loans through offsite unmanned machines after giving the state written notice of their locations. They must keep transaction records at an approved location and post its address and a contact phone number. Consumer and small-loan lenders can conduct other business at lending locations, but cannot use it to evade lending law. The small-loan rule excludes businesses licensed by the financial regulator for a purpose other than consumer loans.
Indiana's Department of Financial Institutions can create programs teaching consumers about credit practices and problems. The law does not require a program or set funding or a start date.
Each recorded mortgage sends $1.25 of its recording fee to Indiana's homeowner protection unit account. Another $1.25 goes to the state general fund, for a total allocation of $2.50. County auditors send the money to the state comptroller by June 20 and December 20. The comptroller distributes it by June 30 and December 31. This allocates fee revenue; it does not state a recording-fee increase.
Lessors cannot offer consumer leases under this chapter for live domestic animals covered by the law's definition. This removes that leasing option for consumers.
A consumer loan agreement can require you to pay reasonable attorney fees after default. The lender must refer the matter to an attorney who is not its salaried employee. Agreement terms that conflict with these limits are unenforceable.
Paying off a consumer loan does not erase legally authorized late charges. For non-revolving loans, lenders may contract for a minimum finance charge of up to $30, subject to inflation adjustments. That minimum applies when full early payoff occurs before earned finance charges reach it. Lenders cannot use this minimum when they charge a nonrefundable prepaid finance charge. The contracted finance charge must also stay within the legal rate limit.
People and businesses face no liability under the covered lending articles for conduct that follows Department of Financial Institutions rules or written guidance. This includes written notices, opinions, interpretations, and directives. The protection remains even if the guidance later changes, is repealed, or is found invalid.
For sales outside both the consumer credit sale and consumer-related sale categories, buyers and sellers can agree to any credit service charge. This provision sets no numeric cap on that charge.
After full payoff of a non-revolving consumer loan, refinancing, or consolidation, lenders can retain or collect a permitted contracted minimum finance charge. This applies when the earned charge is lower, and cannot exceed the total finance charge in the contract. An earned but unpaid deferral charge must reduce the unearned finance charge or be added to the unpaid balance.
Employers may charge once per non-child-support judgment garnishment or related series: the greater of $12 or 3% of total required deductions. The worker and creditor each pay half, collected upfront or over the deduction period. For child-support judgments, employers may instead take $2 from disposable earnings each time they deduct support. The support deduction is reduced by that fee when needed to stay within the withholding limit.
The mortgage rescue article excludes listed banks, trust companies, savings institutions, credit unions, and industrial loan and investment companies. It also excludes Fannie Mae, Freddie Mac, Federal Home Loan Banks, federal and Indiana agencies, and Indiana-licensed attorneys representing borrowers. Loan owners are excluded when servicing or enforcing loans they own. Servicers are excluded when acting for excluded providers or servicing HUD-insured or VA-guaranteed loans.
The specified section does not protect owners from a judgment for mortgage debt remaining after foreclosure. This limit applies when the property is subject to process under a foreclosure judgment or decree. It does not itself decide whether a creditor receives such a judgment.
The referenced mortgage section does not give homeowners a defense against deficiency judgments for the specified federal closing-disclosure rules. A deficiency judgment covers debt left after foreclosure. This provision does not set the amount owed.
For consumer loans secured by land, lenders can charge fees for preparing deeds, mortgages, reconveyances, and similar documents. These fees are allowed in addition to the permitted nonrefundable prepaid finance charge. This provision does not set a dollar limit for document preparation.
Covered credit sellers, lessors, lenders, debt buyers, direct collectors, and credit insurers must notify the department within 30 days of starting business. Annual filings are due December 31 for licensed businesses and January 31 for other covered businesses. Specified business, leadership, branch, bankruptcy, regulatory, and felony events require reports within 30 days. Lending licensees must report felony convictions of the licensee, directors, executive officers, or managers within 30 days. Licensed collection agencies, attorney services, and sellers using another compliant card issuer are excluded, but specified seller-named, store-only cards remain covered.
Covered sellers, lessors, and lenders pay notification fees based on specified unpaid balances for obligations held longer than 30 days. The director sets fees for each $100,000, or part, above $100,000; the rate is not stated here. Related rules charge fees on assigned debts and qualifying closed-end debts, without requiring payment twice on the same obligation. Specified notification fees can be deducted from license-renewal fees.
Beginning July 1, 2026, a transition rule covers people and businesses subject to the repealed lending laws. They have until July 1, 2027, to update documents, websites, and business communications for the reorganized law. The transition provision expires June 30, 2028.
Covered people and businesses must pay the department's reasonable investigation or examination costs under its fee schedule. Payment is due within 60 days after notice. A daily late fee can begin after that period. For reviews under sections 24 through 26, payment covers only costs above the most recent section 26 filing fee. The provided rules do not state the fee amounts.
For loans that are neither consumer loans nor consumer-related loans, parties can agree to any loan finance charge. This provision sets no rate cap or specific dollar charge. It does not apply to loans in either consumer category.
Borrowers and lenders can agree to refinance unpaid consumer loans or combine same-lender loans into one payment schedule. They can also combine consumer-loan and credit-sale balances, or move eligible balances and their refinancings or consolidations into revolving accounts. Applicable refinancing rules determine the amount carried forward; for nonprecomputed loans, this includes unpaid principal and accrued charges. Special rules govern qualifying precomputed transactions entered before July 1, 2020, including allowed deferred charges. Refinanced and consolidated principal remains subject to the applicable consumer-loan or supervised-loan rate limit.
Lenders may charge for specified insurance, but not insurance protecting the lender against borrower default or credit loss. Property and liability insurance disclosures must explain lender-provided costs and the right to choose another reasonably approved insurer. Credit insurance cannot affect approval and requires written cost disclosure and the borrower's affirmative written request. Lenders exempt under section 24(a) may charge for optional debt-cancellation agreements after written cost and term disclosures and signed or initialed requests. A combined charge covering multiple events stays outside finance charges only when coverage includes loss of life, health, or income.
For loans made before July 1, 2019, contracts can allow a $5 late fee after more than 10 days, subject to statutory adjustment. For later loans, the fixed cap is $5 for payments due every 14 days or less, or $25 every 15 days or more. The $25 cap also covers a single payment due at least 30 days after origination; revolving accounts can incur a charge each month payments fall below the minimum. The law bars overlapping late charges when an applicable deferral, skip-a-payment, or expedited-payment charge applies. A payment otherwise paid in full within 10 days cannot trigger a fee solely because an earlier late fee remains unpaid.
Sellers and lenders may collect specified extra charges, including official fees, taxes, qualifying insurance, and reasonable mortgage closing costs. Annual revolving-account fees must be reasonable and tied to account costs; unlisted benefit charges require state review. Consumer-loan returned-payment fees cannot exceed $25; over-limit fees cannot exceed $25 per cycle when balances exceed limits by more than $100. Transaction fees cannot exceed the greater of 2% of the transaction or $10. Listed over-limit, transaction, skip-a-payment, and expedited-payment charges are not refundable; insurance charges must meet applicable disclosure and consent rules.
The amount financed includes the cash price minus the down payment, trade-in lien payoffs, and permitted taxes and charges. Only deferred payments count, and specified taxes and fees cannot be counted again if already in the cash price. Loan principal includes net funds paid for the borrower, specified discounts, and permitted deferred registration, title, license, and additional charges. Loan proceeds held as security do not count as principal.
Creditors cannot accrue interest during a consumer loan's cancellation period under the federal rescission rule. Breaking that federal rule for a consumer loan or credit sale also violates Indiana's credit law. Borrowers entitled to refunds or penalties under sections 8 through 11 can apply them against the debt or use them in defense, despite those sections' time limits. But a credit-law violation does not otherwise impair rights on the debt unless the article specifically says so.
Beginning July 1, 2026, Indiana repeals its old First Lien Mortgage Lending law and Uniform Consumer Credit Code as part of consolidating lending laws. This reorganization does not itself mean all borrower protections end. Qualifying credit-union loans made under federal credit-union authority fall under IC 37-2; the law states conflicting federal law does not apply. First-lien mortgage references to federal law use the version in effect on December 31, 2024. Separately, the specified older-loan provisions, including IC 37-5-3, impose no requirements or prohibitions for loans made before January 1, 2005.
Buyers and sellers can agree to refinance unpaid balances, with credit charges subject to consumer credit sale rate limits. For non-precomputed transactions, the refinanced amount includes the unpaid balance and accrued charges. For precomputed transactions entered before July 1, 2020, it uses the prepayment amount due plus deferred additional charges. A buyer with another covered transaction at the same seller can agree to one payment schedule by refinancing the earlier balance into the new transaction or combining unpaid balances.
When a loan requires you to insure or preserve collateral, the lender can pay those costs on your behalf. The lender can add the advance to your debt and charge interest within legal limits. Within a reasonable time, the lender must send a written statement showing the advance, related charges, and any revised payment schedule. An insurance advance also requires a brief description of coverage.
The law sets maximum charges for covered consumer credit and replaces some prior charge, loan-size, and duration limits. Exceptions apply to lessors, excluded persons, and specified credit unions, thrift institutions, and depository institutions. Designated dollar amounts adjust January 1 of odd-numbered years when the rounded price-index change reaches at least 10%. Adjustments use 10% steps based on March 5, 1971 amounts, disregard changes beyond a full step, and cannot fall below those amounts.
The insurance chapter generally covers insurance tied to consumer credit sales, leases, and loans, supplementing Indiana's credit insurance act. Loans mainly financing insurance receive only the chapter's creditor-cancellation protection. The chapter's administrative-control, liability, and penalty rules do not apply to insurers. Reviews of whether separate insurance charges are unconscionable must weigh borrower benefits, creditor protection needs, and how coverage relates to the credit. For insurance that complies with applicable law, its amount, term, or charge alone does not establish that it is unconscionable.
Regular credit-provider status generally starts above 25 consumer-credit extensions, or above five home-secured mortgage transactions, in the prior calendar year. Providers below last year's threshold reach that status by making or intending to make more than the same threshold this year. Exclusions cover government credit, listed insurance and utility deals, pawnbroker rates and charge disclosures, business-purpose deals, and qualifying interest-free home-fuel installment plans. Federal student-program loans, specified securities credit, and certain government-funded or nonprofit mortgages are also excluded. Some community-development and subordinate-mortgage exemptions remove only selected rules; nonprofit mortgage exemptions depend on nonprofit status, loan terms, certification, and director findings.
Credit life insurance generally cannot initially exceed the debt; installment coverage cannot exceed the greater of scheduled or actual debt. Other credit insurance benefits are limited by scheduled unpaid installments and the original debt per installment. Exceptions allow benefits reasonably matched to revolving debt, or debt plus promised future credit. Separate property-insurance charges require substantial credit-related risk, reasonable coverage terms, and both property value and principal excluding insurance of at least $300, adjusted using the October 1992 reference index. Separate liability-insurance charges require a substantial risk from owning or using property tied to the credit.
You can generally repay a consumer loan, refinancing, or consolidation in full at any time without a penalty. For loans secured mainly by land, a contract can allow up to 2% on amounts prepaid within 60 days of full payoff, after refunds and rebates. No penalty applies to same-creditor refinancing or consolidation, insurance-funded payoff, payoff after acceleration following default, or payoff more than three years after the contract date. For loans outside statutory rebate rules, total finance charges at payoff cannot exceed the legal maximum for the time the loan ran. That calculation excludes specified nonrefundable prepaid charges and qualifying mortgage-broker fees only when the broker and creditor are not under common control or controlling one another.
Buyers may fully prepay covered credit sales, refinancings, and consolidations without penalty, subject to rebate rules. Otherwise, credit charges are limited to the allowed amount for elapsed time, excluding specified prepaid charges on post-June 30, 2020 agreements. For non-revolving sales, sellers may retain a permitted contracted minimum when earned charges are lower, without exceeding total contracted charges. For non-revolving consumer loans within the referenced rate limit, lenders may collect a contracted minimum up to $30 at full prepayment. That minimum applies only when earned charges are lower and the lender neither contracts for nor receives a nonrefundable prepaid finance charge.
High-cost home-loan servicers must report favorable and unfavorable payment history to a nationally recognized credit reporting agency each calendar quarter. The requirement does not apply when a lender holds or services the loan for less than 90 days. Borrowers and servicers may agree not to report specified information about resolved or unresolved disputes.
For supervised-loan agreements made after June 30, 2020, upfront nonrefundable finance charges have higher caps than the earlier $50 limit. The cap is $75 for loans up to $2,000. It is $150 for loans over $2,000 through $4,000, and $200 for loans over $4,000. Charges above these limits must be refunded, including excess charges by banks and other depository institutions.
When credit insurance fully pays off a consumer credit sale, ordinary prepayment charge or rebate rules apply. This covers both precomputed and non-precomputed sales and applies to the buyer or the buyer's estate. The calculation uses the payment date, but no later than 10 business days after the seller receives satisfactory proof of loss. Depending on the transaction, the buyer owes a credit charge or receives a rebate.
Sellers generally can secure debt only with sold property or specified goods receiving services or installation and related land. For specified additional collateral, debt must reach $4,000 for subordinate mortgages or $300 for goods, subject to statutory adjustment. Unlawful security interests are void, and lessors cannot take security interests in a consumer's property for lease debt. A seller can link collateral from earlier and later sales, but an unrelated assignee cannot use this authority. Combined secured balances remain subject to the refinancing-consolidation rate limit, with reasonable time allowed for required adjustments.
Loan finance charges include interest, applicable points or discounts, specified insurance and investigation charges, and borrower-paid mortgage broker fees. Specified default, additional, late, and deferral charges are excluded, as are third-party charges generally not required by lenders. Discounts under specified lender credit-card arrangements are also excluded. Average daily balance equals the sum of daily balances divided by the billing cycle's days. For monthly cycles, lenders may use 30 days instead.
Creditors can charge separately for agreed insurance, but charge limits and insurance laws still apply. Violating the insurance chapter makes a charge an excess charge subject to legal remedies. Insurers must file consumer credit insurance forms and premium schedules with Indiana's insurance commissioner. Creditors can use filings after 30 days or earlier approval, but not after rejection for unreasonable rates or unlawful or unfair terms. For qualifying out-of-state group policies, certificates and notices face Indiana filing rules, and charges cannot exceed state rule limits.
For precomputed loans, refinancings, or consolidations made before July 1, 2020, written agreements can allow payment delays. Lenders can charge the lesser of 36% yearly or the previously disclosed rate on deferred amounts during the delay. An agreement signed at origination can let the lender grant a delay when an installment is over 10 days late. Unpaid additional charges allowed by law can be included in the deferred amount. Lenders cannot keep late charges for the same period or charge for deferral periods after demanding full early repayment.
Precomputed consumer credit sale agreements entered after June 30, 2020, are prohibited. Covered earlier agreements generally require unearned-charge rebates at full payoff, except amounts below $1; judgment-date and payment-schedule rules apply. Terms longer than 61 months use the disclosed annual percentage rate to calculate unearned charges. Lenders may convert precomputed consumer loans to unpaid-balance charging when at least two installments, or parts of two, are at least 10 days overdue. Conversion requires rebates dated to the first overdue installment's maturity, including covered deferral charges, and bars further deferral charges on covered installments.
For sale agreements entered after June 30, 2020, sellers can charge a nonrefundable upfront finance fee. Caps are $75 on amounts financed up to $2,000, $150 over $2,000 through $4,000, and $200 over $4,000. Combined charges remain subject to the legal rate limit, and excess fees must be refunded. On full early repayment of a covered sale, refinancing, or consolidation, sellers can collect a contracted minimum charge up to $30 when earned charges fall short. That minimum requires the permitted credit-charge rate, excludes revolving accounts, and cannot accompany a nonrefundable upfront finance fee.
Sellers can charge up to $25 for each returned check or covered electronic payment. A skip-a-payment service can cost up to $25, with written notice and the consumer's written acknowledgment, including an electronic signature. That fee cannot apply to sales covered by the specified early-payment rebate rules or payments carrying a late charge. Optional faster payment services can cost up to $10 when requested, with fee disclosure and notice of a traditional payment option. Faster-payment fees cannot be set in advance as the expected payment method or added to a payment carrying a late charge.
A seller can pay to insure or preserve collateral when the credit agreement makes that the buyer's duty. The seller can add that advance and permitted interest to the buyer's debt. Within a reasonable time, the seller must provide a written explanation of the advance, charges, and any revised payment schedule. For insurance advances, the statement must also describe the coverage type and amount.
Small loans must last at least 14 days, and lenders cannot renew an unpaid loan. A later loan after full repayment is not a renewal. After the fifth consecutive small loan following the initial loan, borrowers must repay the balance fully and wait seven days before another loan from that lender. Security is limited to one check or account-debit authorization, covering no more than the advance plus permitted finance charges. Lenders cannot take other personal property as security.
You can cancel a small loan at no cost by returning the cash principal by the next business day's end. You can also make partial payments of any amount without charge before the due date. Finance charges that comply with the small-loan chapter are exempt from two other state-law restrictions. That exemption does not itself set a new charge.
A buyer and seller can both sign a written agreement applying consumer credit sale rules to an otherwise uncovered sale. Separately, consumer-related sales receive the chapter's specified rules in sections 4 through 12. That coverage excludes credit service charge rate rules and rights to prepay and receive a prepayment rebate.
When support withholding and another garnishment both apply, the support order takes priority. This remains true regardless of which order started first. The other garnishment receives only what the legal withholding limit allows.
Guaranteed asset protection coverage is optional, costs extra, and requires written cost and term disclosures and a signed or initialed request. Agreements must state vehicle value, include a deductible of at least $500, and offer at least a 30-day trial. Vehicle coverage cannot be sold below 80% financing-to-value, excluding coverage, credit insurance, warranties, and service agreements from financing. Charges over $400 carry cancellation rights before full payoff and unearned-charge refunds at least as favorable as pro rata. Full prepayment automatically ends coverage and requires an unearned-charge refund; selling lenders must insure their obligations and retain records.
Earned wage access providers required to be licensed cannot use consumer-report credit scores to decide eligibility, amounts, or frequency. This does not guarantee approval or a particular advance amount. Providers also cannot accept credit cards to repay advances, fees, tips, gratuities, or donations. That rule removes a repayment option.
Creditors or assignees can avoid specified liability by proving unintentional or bona fide errors despite reasonable procedures, except for refusing refunds. A separate good-faith correction process requires restitution and correction within 90 days after closing. The creditor must notify the borrower of the error and restitution or adjustment within 120 days after closing. This process applies only when the creditor acts before receiving the borrower's notice of the failure.
First-mortgage creditors must provide disclosures required by the federal Consumer Credit Protection Act, unless the transaction is exempt. Before a covered reverse mortgage, the creditor must provide a state-approved pamphlet about HUD-approved housing counselors. The borrower must complete counseling with a HUD-approved counselor and present the required certificate before the loan is made. This covers first-mortgage FHA home equity conversion loans and other first-mortgage reverse loans.
Indiana reserves state-level control over making, servicing, and collecting loans and other credit, blocking local regulation. Local governments cannot impose lending measures, reporting duties, or related obligations on covered providers and transaction participants. Coverage includes specified state- or federally regulated entities, congressionally chartered mortgage entities, and Indiana housing authority entities.
Beginning July 1, 2026, the mortgage article covers qualifying first-mortgage transactions closing after June 30, 2026. The loan must be secured by an Indiana dwelling or residential land with a dwelling built or planned. The article excludes borrowers who live outside Indiana when the deal begins if their home state requires its own law.
Mortgage exemptions cover credit to governments, qualifying community development and federal housing-fund entities, specified federally regulated financial affiliates, and majority-credit-union-owned service organizations. Some exempt groups remain subject to specified state requirements; privately insured state credit unions must use federal mortgage-originator registration. Individuals qualify for specified immediate-family deals or loans secured by their former residence; attorneys qualify only for related legal work without prohibited lender-related compensation. One nonprofit exemption requires 501(c)(3) status, a primary low-income housing purpose, zero interest, no balloon payments or origination fees, and volunteer or non-transaction-based pay. Another requires certification by December 31 of the preceding year and a director finding that loans favor borrowers and serve charitable or public purposes. Non-creditors can register to sponsor originators but must meet supervision, registration, bonding, reporting, financial-statement, examination, and compliance duties. The table-funded exemption excludes specified installment sales of mobile homes, manufactured homes, or trailers without land.
Protected records in the national mortgage licensing system generally remain confidential, including after regulators share them. Statutory authorization is generally required to obtain or use them. The law limits public disclosure, subpoenas, discovery, private claims, and use of protected records in court. Public employment history and publicly decided disciplinary or enforcement actions remain outside these restrictions. Information otherwise available from the director under law remains accessible.
Supervised employee processors and underwriters doing post-application support work are excluded from the mortgage loan originator definition. They cannot offer rates or terms, negotiate, or counsel borrowers. Certain real estate brokers are excluded only without compensation from creditors, loan brokers, mortgage originators, or their agents. People working solely on timeshare credit are also excluded. Processor-only workers cannot publicly offer origination services, including licensed originators sponsored solely as third-party processors or underwriters.
Consumer lender applicants and licensees must promptly correct material errors or missing information in initial and renewal applications. People reviewed must provide fingerprints and pay processing costs when the director requests a national criminal-history check. The department cannot release those check results to private entities. Requested credit reviews require personal history, report authorization, and payment of report costs. Reviews can consider 10-year bankruptcies, current judgments except medical-only judgments, current liens, and three-year foreclosures or serious late-account patterns.
Consumer lender licensing requires a finding of honest, fair operation; covered applicants face criminal, credit, licensing-history, and bond checks. Reviews can cover key officers, affiliates, managers, and known owners with at least 10% of an equity class. Revenue-department notice of a tax warrant blocks issuance or renewal until satisfaction or the specified revenue notice. Licenses renew by December 31; designated lenders use the national registry, maintain bonds, file call reports, certify compliance, and report material changes. Missing forms or fees beyond 60 days can trigger suspension or revocation, with reinstatement or review available; written surrender preserves past liability and lawful contracts.
Regular consumer-loan making, assignment, direct collection, or enforcement requires a license for each legal entity, but not each branch. Small-loan activity requires a separate license; even one transaction in the prior year, or current year without prior-year activity, counts as regular. Small loans generally involve $50 to $550 and a held check or delayed account debit; the ceiling uses the October 2006 reference index. Banks, federally regulated bank-owned subsidiaries, and credit union service organizations are exempt from these licenses for nonmortgage loans, including small loans. Licensed collection agencies also need no separate consumer-lending license for nonmortgage collection work; disguised loans remain subject to the applicable rules.
Covered mortgage creditors and exempt employers or sponsors of licensed mortgage originators must carry bonds sized by mortgage volume. Small-loan lenders need a $50,000 bond per location, subject to a maximum set by the director. Bonds cover legal violations, protect the state and affected residents, and require an authorized issuer rated at least A-. They generally remain for two years after the license or covered activity ends, unless the director grants a written-request waiver or shorter period. Reduced bonds require immediate notice and replenishment within 30 days after the director's notice; terminated small-loan bonds require immediate notice and replacement.
Covered mortgage and consumer creditor takeovers require state approval before a buyer gains control. Control includes directing management or policies, or voting at least 25% of shares. Review usually takes 120 days, with a 30-day extension and two further 45-day extensions on specified grounds. Approval requires qualified buyers and protection of owners, creditors, and the public; unchanged ownership can qualify for an exemption. Consumer lender licenses generally cannot transfer outside an approved transaction, and the director can require a new license instead.
Mortgage licensees must give state reviewers free record access and keep first-lien records for two years after the final entry. For revolving mortgages, each entry starts its own two-year period; registered sponsors must provide records for reviews of sponsored originators. Mortgage applications and other director-required documents must clearly show the originator's unique identifier. Covered mortgage creditors and exempt employers or sponsors of licensed originators must file reports with the multistate licensing system. Licensed consumer creditors must also report all consumer loans no more than annually; late filings can bring daily fees, and publication is limited to combined data.
Indiana's financial regulator can examine covered lenders, investigate suspected unlicensed activity, require records, and subpoena witnesses. Licensed lenders must use accepted or approved accounting systems and keep loan records two years after the final entry. For revolving accounts, each entry has its own two-year retention period. Exempt businesses sponsoring licensed mortgage loan originators must provide examination records and cooperate. Covered consumer lenders' loan-broker activities also face examination and applicable lender examination fees, with securities officials allowed to cooperate.
First-lien mortgage and consumer lenders must pay initial license, yearly renewal, and examination fees set by the state financial department. The department can add daily fees for overdue renewal or examination payments. Consumer lenders can deduct initial and renewal license fees from the specified filing fees. Licensees required to submit information to the multistate licensing system can also face a reasonable processing fee. The director must require review of, and make available, that system's audited financial statements when judging the fee.
Beginning July 1, 2026, qualifying out-of-state bank branches in Indiana follow the same consumer-lending rules and fees as Indiana banks. On that date, Indiana industrial loan and investment companies can make, buy, discount, or otherwise acquire credit under those rules. People engaged in consumer-related lending are exempt from the specified creditor licensing requirements. These changes do not set household loan rates or terms.
Indiana's financial regulator can take control of a financial institution's business and property for insolvency or unsafe conditions. Listed legal violations and failures to comply also support state control. This power excludes creditors licensed under IC 37-2 to make supervised or regulated loans.
Mortgage transactions include personal or household loans and credit sales secured by homes or residential land with homes built or planned. Providers are regularly engaged when they complete more than five first-lien mortgages in the prior year. If they did not, the test also covers providers expected to exceed five in the current year. Indiana first-lien creditors must obtain and renew a state mortgage license each year. Each legal entity needs its own license, but separate branch licenses are not required.
Beginning July 1, 2026, Indiana's financial institutions department may adopt creditor and mortgage originator licensing rules meeting named federal laws. Those rules remain effective until added to the Indiana Code. Licensed mortgage creditors and qualifying exempt businesses employing or sponsoring licensed originators must register in the national licensing system. They must keep valid unique identifiers, and licensed originators must be associated with a registered licensed or qualifying exempt business.
Mortgage licensees must use examination software chosen by the director, including third-party software. Use that follows the director's guidance receives protection under the cited financial-records law. Vendors must submit to requested state exams when doing work a creditor would otherwise perform and that faces routine review. The vendor can be required to pay for the exam. If it refuses, the director can order a licensed creditor to stop using the service or vendor.
Indiana's first-lien mortgage administration rules cover anyone acting as a creditor, even without a state license or registration. State-licensed mortgage creditors and exempt employers or sponsors of licensed mortgage loan originators must maintain surety bonds. The director sets bond amounts by mortgage volume, and bonds cover violations of applicable mortgage-lending laws or rules. Sureties must be authorized in Indiana and rated at least A- by a nationally recognized investment rating service. Coverage generally lasts two years after covered activity ends, unless shortened or waived; reduced or terminated bonds require notice and replacement coverage.
First-lien mortgage lenders must renew through the national licensing system by December 31 each year. Renewals require fees, continued bond and reporting compliance, confirmation of qualifications, disclosure of material changes, and prompt correction of material application errors. After state tax-warrant notice, licenses cannot be issued or renewed until Revenue confirms satisfaction or sends the specified clearance notice. Regulators can suspend or revoke a license when a required renewal form or fee remains overdue for 60 days. Lenders can pay delinquent fees and seek reinstatement or appeal; licenses remain active during an administrative appeal hearing pending a decision.
Indiana reviews first-lien mortgage applicants' training, experience, finances, character, and fitness, and requires prompt correction of material application errors. The department can request proof of compliance at application, renewal, or later, and deny applications benefiting an unqualified person; applicants can request a hearing. Requested fingerprint checks and credit reports are paid by the person reviewed; criminal-check results cannot go to private entities. Credit reviews can consider 10-year bankruptcies, current nonmedical judgments and government liens, and three-year foreclosures or serious late-account patterns. Creditors can surrender licenses by written notice, but remain liable for earlier acts and contracts and can still face public-interest revocation.
The national mortgage licensing system processes applications and renewals and issues identifiers to licensees and specified exempt people. The director can report covered violations, complaints, and public licensing decisions, subject to privacy rules. Licensees must have a way to challenge reported information, including covered second-mortgage records. The director can require reasonable processing fees, with audited system finances reviewed and made available; no fee amount is stated. Covered electronic licensing records count as originals when the department prints them.
Covered mortgage licensees acting as loan brokers must follow the listed Indiana loan-broker rules for that work. Their loan-broker transactions are subject to state examinations and examination fees; no fee amount is supplied. Mortgage licensees can also run other businesses at locations where they handle first-lien mortgages. They cannot use those businesses to evade or violate mortgage rules.
Scott Baldwin
Republican • Senate
Jake Teshka
Republican • House
Lonnie Randolph
Democratic • Senate
All Roll Calls
Yes: 182 • No: 2
Senate vote • 2/25/2026
Senate concurred with House amendments
Yes: 46 • No: 0
House vote • 2/23/2026
Third reading: passed
Yes: 93 • No: 1
Senate vote • 1/22/2026
Third reading: passed
Yes: 43 • No: 1
Public Law 115
Signed by the Governor
Signed by the Speaker
Signed by the President of the Senate
Signed by the President Pro Tempore
Senate concurred with House amendments; Roll Call 278: yeas 46, nays 0
Motion to concur filed
Returned to the Senate with amendments
Third reading: passed; Roll Call 305: yeas 93, nays 1
Second reading: ordered engrossed
Committee report: amend do pass, adopted
First reading: referred to Committee on Financial Institutions
Referred to the House
House sponsor: Representative Teshka
Third reading: passed; Roll Call 53: yeas 43, nays 1
Second reading: ordered engrossed
Senator Randolph added as coauthor
Committee report: amend do pass, adopted
Authored by Senator Baldwin
First reading: referred to Committee on Insurance and Financial Institutions
Enrolled Senate Bill (S)
Introduced Senate Bill (S)
Senate Bill (H)
Senate Bill (S)
SB 185, Alcohol and tobacco matters.
Specifies, with respect to a tobacco sales certificate (certificate), that a permitted premises may not include sleeping or living quarters. Provides that a person may not sell a tobacco product or electronic cigarette at wholesale without a certificate. Adds additional information an applicant must provide to the alcohol and tobacco commission (commission) when applying for a certificate. Provides, with one exception, that the commission shall not issue a certificate to a retail location where a certificate was revoked within one year prior to the application. Specifies the circumstances under which the commission must either suspend or revoke a certificate if the certificate holder's employees violate employee identification requirements three or more times in one year. Makes it a Class C infraction for a certificate holder or employee to violate particular identification requirements. Modifies the application of certain statutes concerning vapor pens and e-liquid. Establishes various requirements and penalties applicable to e-liquid, e-liquid products, and vapor devices, including restrictions on the manufacture, sourcing, possession, sale, and distribution of foreign adversary products. Specifies that certain provisions concerning vapor pens and e-liquid do not authorize the manufacturing, sale, possession, or use of a controlled substance or any product containing a controlled substance. Amends the requirements for an initial and renewal application to manufacture e-liquids or e-liquid products. Requires, in a provision concerning the sale of cigarettes, that a buydown be considered in determining the cost to the retailer or cost to the distributor. Specifies an exception. Adds the sale of alcohol without a permit to the violations which may constitute racketeering activity. Changes the infraction of the habitual illegal sale of tobacco products from six violations in a year to three violations in a year. Changes the infraction of the habitual illegal entrance by a minor from six violations to three violations in a year. Specifies that a prohibition on the sale, use, or distribution of flavored nitrous oxide does not apply to a law enforcement agency disposing of flavored nitrous oxide by donation to a nonprofit organization.
SB 204, Various education matters.
Provides that an individual who has obtained a license to teach in a charter school may be eligible to obtain an initial practitioner professional educator license under certain conditions. Removes a requirement that an individual must hold a bachelor's degree in science, technology, engineering, or mathematics as a component of certain pathways to receive an initial practitioner license. Provides that academic needs based salary increases may not: (1) apply to all eligible teachers in a bargaining unit uniformly; or (2) be based on certain other factors. Repeals the: (1) state educational institution (institution) annual report to the legislative council (council) and commission for higher education (commission) concerning financial aid; (2) commission report to the general assembly concerning certain institution information; (3) student athlete cardiac arrest provisions; and (4) Ivy Tech Community College report to the budget committee concerning campus information. Expires certain physical facilities reporting requirements on June 30, 2029. Provides that a state educational institution that has been denied approval to continue a degree program may: (1) permit students to enroll in the degree program until June 1 of the year following the denial; and (2) provide students enrolled in the degree program with the opportunity to finish their degree prior to the degree program's closure. Requires the commission to submit an annual report concerning degree program closures to the general assembly. Changes the reporting of disclosable gifts to January 31 and July 31 of a given year (current law requires disclosure on January 1 and July 1 of a given year). Changes certain amounts concerning construction, land purchases, and repair and rehabilitation by an institution to $3,000,000. Voids a provision in the Indiana Administrative Code. Requires each institution to submit a report annually to the budget committee and the commission for higher education listing certain capital projects for the immediately preceding full calendar year that did not receive review by the commission. Specifies the contents of the report. Provides that a student enrolled in a health profession education program may not be required to receive an immunization as a condition of: (1) participating in; or (2) obtaining; clinical training or clinical experience required by the program if a parent of the student or student objects on religious grounds. Adds requirements regarding the principles of the core transfer library.
SB 179, Indiana department of transportation.
Allows the Indiana department of transportation (department) to assume the responsibilities and duties of the United States Department of Transportation with respect to certain federal environmental laws. Provides that the department waives its civil immunity and consents to the jurisdiction of the federal courts for responsibilities and duties assumed under certain federal environmental laws. Amends language regarding a local unit's eligibility for: (1) a grant from the local road and bridge matching grant fund (fund); and (2) a distribution from the fund based on the local unit's share of total lane mileage. Provides limitations for an overweight truck permit that is issued for a single trip. Provides for the use of the Indiana Plane Coordinate System as a means to describe real property. Provides that the department may give preference in awarding grants from the fund to local units that have adopted an enhanced asset management plan. Provides that a county may impose a vehicle excise tax or wheel tax on a vehicle that is registered in the county and not registered in a municipality in the county where a vehicle excise tax or wheel tax went into effect after December 31, 2026. Amends certain requirements for township capital improvement plans.
SB 80, Code publication.
Addresses unresolved amend-repeal conflicts created during the 2025 legislative session. Repeals and relocates the specific definitions chapters for organization of defined terms by alphabetical order and to provide for future expansion of those chapters. Makes conforming cross-reference updates. Resolves technical conflicts between SB 80-2025 and HB 1088-2025 (the annual Technical Corrections bill) and technical conflicts between various enrolled acts passed during the 2026 legislative session. Makes no substantive change to law.
HB 1424, Farm and homestead food sales.
Allows the executive board of the Indiana department of health to adopt rules concerning time temperature control for food safety, but provides that the rules may not be applied to a homestead vendor or small farm vendor. Provides that homestead vendors and small farm vendors are exempt from specified health regulations applicable to food establishments. Provides that the Indiana department of health, a local unit of government, the health and hospital corporation of Marion County, or a local health department may not impose any rules, regulations, certifications, or licensing requirements on a homestead vendor or small farm vendor that are not required under federal law, but may investigate complaints against a homestead vendor or small farm vendor regarding a foodborne illness derived from the homestead vendor's or small farm vendor's food products. Permits homestead vendors and small farm vendors to sell specified meat products and other foods from: (1) the property of the homestead vendor or small farm vendor; or (2) a farmers market. Requires a homestead vendor or small farm vendor to provide consumers with specified information regarding the homestead vendor's or small farm vendor's food products through signage or labeling. Provides for conditions under which a homestead vendor or small farm vendor may ship or deliver a food product directly to a consumer. Imposes handling, refrigeration, transportation, and storage requirements for homestead vendor and small farm vendor food products. Provides that public buildings used by homestead vendors and small farm vendors are exempt from certain public building and safety regulations. Provides that buildings, structures, or stands used for sale of homestead vendor or small farm vendor food products are subject to specified fire safety, building, and equipment laws.
HB 1406, Tax and fiscal matters.
Provides, in a county that uses a property tax statement as the notice of assessment, that the county treasurer must send a property tax statement to all property owners regardless of whether the property has any liability. Requires the county treasurer to indicate on the property tax statement whether a taxpayer's property tax liability for property taxes first due and payable in 2027 is less than the taxpayer's property tax liability for property taxes first due and payable in 2026. Requires the Indiana economic development corporation (IEDC) to report to the budget committee concerning any purchase or sale of land. Amends provisions regarding budget committee review of tax credits in determining the annual aggregate tax credit cap and specifies allocation of the credits. Provides that real property owned by certain Indiana nonprofit hospital systems is not exempt from property taxation under certain circumstances and unmet conditions. Provides that certain transfer fee covenants are limited only to transfers that involve the sale of property and do not include transactions where the property is gifted, donated, or transferred. Provides that personal property owned by certain entities remains subject to minimum valuation limitations. Amends provisions and revises the effective date for the rounding provisions for cash transactions with regard to the penny phaseout for payments to business entities in ESB 243-2026. Amends the percentage increase in a public library's proposed budget that determines whether the public library's proposed budget is subject to binding review by the applicable county, city, or town fiscal body. Allows the Delaware County executive to adopt an ordinance to consolidate the functions of a board, bureau, commission, authority, or any other similar entity authorized to administer funds received from the Delaware County: (1) innkeeper's tax; or (2) food and beverage tax; into a single, consolidated entity as designated in the consolidating ordinance. Adds certain organizations to the list of organizations for which conducted sales are exempt from state gross retail and use tax. Allows the city of Bedford to impose a food and beverage tax. Requires the IEDC to award $35,000,000 to development authorities each fiscal year that may be granted to taxpayers proposing a qualified investment in a qualified redevelopment site pursuant to a development plan. Establishes the small town opportunity initiative. Amends the venture capital investment tax credit (tax credit) to specify: (1) that certain investment policies of funds that qualify as a "qualified Indiana investment fund" apply only to investable capital, excluding management fees, legal fees, and other expenses incurred in the operation of the fund; (2) that a taxpayer is not prevented from combining individual tax credits of less than $10,000 for assignment; and (3) qualified business eligibility. Prohibits the IEDC from awarding an applicable tax credit to a taxpayer that is organized under the laws of a country that is a foreign adversary or that is otherwise related under certain circumstances to a country that is a foreign adversary. Requires the office of the secretary of family and social services and division of family resources to require a vendor to offer certain technology solutions to prevent theft of SNAP benefits when issuing a request for proposals. Provides that if a Level 2 certified technology park (park): (1) has reached the limit of deposits for a Level 2 park; (2) maintains its certification; and (3) is located within a qualified military base enhancement area; the park shall become a Level 3 park and may receive an additional annual incremental income tax deposit of up to $250,000 until July 1, 2029. Allows the budget agency to augment the appropriation to the grain buyers and warehouse licensing agency from the grain buyers and warehouse licensing agency license fee fund.