Sec. 12. Without regard to whether a borrower is acting individually or on behalf of others similarly situated, a provision of a high cost home loan agreement that: (1) requires arbitration of a claim or defense; (2) allows a party to require a borrower to assert a claim or defense in a forum that is: (A) less convenient; (B) more costly; or (C) more dilatory; for the resolution of the dispute than an Indiana court in which the borrower may otherwise bring a claim or defense; or (3) limits in any way any claim or defense the borrower may have; is unconscionable and void. [Pre-2026 Revision Citation: 24-9-4-12.]
As added by P.L.115-2026, SEC.97.