Title 37, CONSUMER LENDING

Sec. 45. (a) In addition to any disclosures otherwise provided by law, a lender soliciting loans using a negotiable check, facsimile, or other negotiable instrument that may be used by a consumer to activate a new loan shall disclose the following: "This is a solicitation for a l…

Sec. 46. With respect to a consumer loan secured by an interest in land used or expected to be used as the principal dwelling of the debtor, a lender shall comply with IC 6-1.1-12-43. [Pre-2026 Revision Citation: 24-4.5-3-701.] As added by P.L.115-2026, SEC.97.

Sec. 5. (a) In addition to the loan finance charge permitted by this chapter, a lender may contract for and receive the following additional charges in connection with a consumer loan: (1) Official fees and taxes. (2) Charges for insurance as described in subsection (b). (3) Annu…

Sec. 6. (a) With respect to a consumer loan, refinancing, or consolidation, the parties may contract for a delinquency charge of not more than the following: (1) Five dollars ($5) on any installment or minimum payment due that is not paid in full not later than ten (10) days afte…

Sec. 7. (a) This section applies only to a consumer loan, refinancing, or consolidation, that is entered into before July 1, 2020. With respect to a precomputed consumer loan, refinancing, or consolidation, the parties before or after default may agree in writing to a deferral of…

Sec. 8. With respect to a consumer loan, refinancing, or consolidation, the lender may by agreement with the debtor refinance the unpaid balance and may contract for and receive a loan finance charge based on the principal resulting from the refinancing at a rate not exceeding th…

Sec. 9. (a) If a debtor owes an unpaid balance to a lender with respect to a consumer loan, refinancing, or consolidation, and becomes obligated on another consumer loan, refinancing, or consolidation with the same lender, the parties may agree to a consolidation resulting in a s…

Sec. 1. For purposes of this chapter, there is a rebuttable presumption that: (1) a homeowner has a reasonable ability to pay for a subsequent reconveyance of real property if the homeowner's payments for primary housing expenses and regular principal and interest payments on oth…

Sec. 2. In addition to any prohibitions that apply under IC 24-5-15-1 through IC 24-5-15-8, a foreclosure consultant may not: (1) enter into or attempt to enter into a foreclosure consultant contract with a homeowner unless the foreclosure consultant first provides the homeowner …

Sec. 3. A foreclosure purchaser may not enter into or attempt to enter into a foreclosure reconveyance agreement with a homeowner unless the: (1) foreclosure purchaser verifies and demonstrates that the homeowner has or will have a reasonable ability to: (A) pay for the subsequen…

Sec. 4. A foreclosure purchaser shall: (1) ensure that title to real property has been reconveyed to the homeowner in a timely manner if the terms of a foreclosure reconveyance agreement require a reconveyance; or (2) if the real property subject to a foreclosure reconveyance agr…

Sec. 5. A foreclosure purchaser may not: (1) enter into repurchase or lease terms as part of the foreclosure reconveyance that are unfair or commercially unreasonable or engage in any other unfair conduct; (2) represent, directly or indirectly, that the: (A) foreclosure purchaser…

Sec. 6. A foreclosure purchaser shall make a detailed accounting of the basis for the amount of payment made to a homeowner of real property resold within eighteen (18) months after entering into a foreclosure reconveyance agreement on a form prescribed by the attorney general. […

Sec. 7. A foreclosure consultant shall retain all records and documents, including the foreclosure consultant contract, related to services performed on behalf of a homeowner for at least three (3) years after the termination or conclusion of the foreclosure consultant contract e…

Sec. 8. A foreclosure consultant may not represent to a homeowner that the foreclosure consultant is endorsed, sponsored, or affiliated with any governmental or government sponsored agency or program. [Pre-2026 Revision Citation: 24-5.5-5-8.] As added by P.L.115-2026, SEC.97.

Sec. 0.1. A person is not subject to a prohibition or requirement of: (1) IC 24-9-3 (before its repeal) and IC 24-9-4 (before its repeal), both as added by P.L.73-2004; or (2) this chapter and IC 37-5-3; with respect to a loan made before January 1, 2005. [Pre-2026 Revision Citat…

Sec. 1. The following additional limitations and prohibited practices apply to a high cost home loan: (1) A creditor making a high cost home loan may not directly or indirectly finance any points and fees. (2) This subdivision does not apply to a high cost home loan described in …

Sec. 10. A creditor may not charge a borrower any fees or other charges to modify, renew, extend, or amend a high cost home loan or to defer a payment due under the terms of a high cost home loan. [Pre-2026 Revision Citation: 24-9-4-10.] As added by P.L.115-2026, SEC.97.

Sec. 11. A creditor may not make a high cost home loan unless the creditor has given the following notice, in writing, to the borrower not later than the time that notice is required under 12 CFR 226.31(c): "NOTICE TO BORROWER YOU SHOULD BE AWARE THAT YOU MIGHT BE ABLE TO OBTAIN …

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 defen…

Sec. 2. A creditor may not knowingly or intentionally: (1) refinance a high cost home loan by charging points and fees on the part of the proceeds of the new high cost home loan that is used to refinance the existing high cost loan within four (4) years of the origination of the …

Sec. 3. Notwithstanding IC 37-2-4-15, a high cost home loan agreement may not require a scheduled payment that is more than twice as large as the average of earlier scheduled monthly payments under the high cost home loan agreement unless the payment becomes due and payable at le…

Sec. 4. (a) Except as provided in subsection (b), a high cost home loan may not include payment terms under which the outstanding principal balance will increase at any time over the course of the high cost home loan because the regular periodic payments do not cover the full amo…

Sec. 5. A high cost home loan may not contain a provision that increases the interest rate after default. However, this section does not apply to interest rate changes in a variable rate loan otherwise consistent with the provisions of the high cost home loan documents if the cha…

Sec. 6. A high cost home loan may not include terms under which more than two (2) periodic payments required under the high cost home loan are consolidated and paid in advance from the high cost home loan proceeds provided to the borrower. [Pre-2026 Revision Citation: 24-9-4-6.] …

Sec. 7. A creditor may not make a high cost home loan without first providing the borrower information to facilitate contact with a nonprofit counseling agency certified by: (1) the United States Department of Housing and Urban Development; or (2) the Indiana housing and communit…

Sec. 8. (a) A creditor may not make a high cost home loan without regard to repayment ability. (b) If a creditor presents evidence that the creditor followed commercially reasonable practices in determining the borrower's debt to income ratio, there is a rebuttable presumption th…

Sec. 9. A creditor may not pay a contractor under a home improvement contract from the proceeds of a high cost home loan unless: (1) the creditor is presented with a signed and dated completion certificate showing that the home improvements have been completed; and (2) the instru…