Title 37, CONSUMER LENDING

Sec. 13. (a) A creditor may not use a form, or a schedule of premium rates or charges, the filing of which is required by this section, if the insurance commissioner has disapproved the form or schedule and has notified the insurer of the insurance commissioner's disapproval. A c…

Sec. 14. (a) A creditor may not contract for or receive a separate charge for insurance against loss of or damage to property unless: (1) the insurance covers a substantial risk of loss of or damage to property related to the credit transaction; (2) the amount, terms, and conditi…

Sec. 15. If a creditor contracts for or receives a separate charge for insurance against loss of or damage to property, the risk of loss or damage not willfully caused by the debtor is on the debtor only to the extent of any deficiency in the effective coverage of the insurance, …

Sec. 16. A creditor may not contract for or receive a separate charge for insurance against liability unless the insurance covers a substantial risk of liability arising out of the ownership or use of property related to the credit transaction. [Pre-2026 Revision Citation: 24-4.5…

Sec. 17. A creditor shall not request cancellation of a policy of property or liability insurance except after the debtor's default or in accordance with a written authorization by the debtor, and in either case the cancellation does not take effect until written notice is delive…

Sec. 18. Upon the payment in full of a consumer credit sale or consumer loan, the creditor or creditor's assignee shall promptly make an appropriate refund of the unearned premium for any property insurance with respect to which the creditor or the credit account of the consumer …

Sec. 2. (a) Except as otherwise provided in this chapter and subject to the provisions on: (1) additional charges set forth in IC 37-2-3-5 and IC 37-2-4-5; (2) maximum charges set forth in IC 37-2-3-4 through IC 37-2-3-12; and (3) maximum charges set forth in IC 37-2-4-4 through …

Sec. 3. If a creditor agrees with a debtor to provide insurance: (1) the insurance shall be evidenced by an individual policy or certificate of insurance delivered to the debtor, or sent to the debtor at the debtor's address as stated by the debtor, within thirty (30) days after …

Sec. 4. (a) In applying the provisions of this article on unconscionability (IC 37-2-6-7 and IC 37-2-7-12) to a separate charge for insurance, consideration shall be given, among other factors, to: (1) potential benefits to the debtor including the satisfaction of the debtor's ob…

Sec. 5. (a) Except as provided in subsection (b), if a creditor contracts for or receives a separate charge for insurance, the amount charged to the debtor for the insurance may not exceed the premium to be charged by the insurer, as computed at the time the charge to the debtor …

Sec. 6. (a) Upon prepayment in full of a consumer credit sale or consumer loan by the proceeds of consumer credit insurance, the debtor or the debtor's estate is entitled to a refund of: (1) any portion of a separate charge for insurance which by reason of prepayment is retained …

Sec. 7. If a creditor requires insurance, upon notice to the creditor the debtor shall have the option of providing the required insurance through an existing policy of insurance owned or controlled by the debtor, or through a policy to be obtained and paid for by the debtor, but…

Sec. 8. (a) A creditor may not contract for or receive a separate charge for insurance in connection with a deferral (IC 37-2-3-7 or IC 37-2-4-7), a refinancing (IC 37-2-3-8 or IC 37-2-4-8), or a consolidation (IC 37-2-3-9 or IC 37-2-4-9), unless: (1) the debtor agrees at or befo…

Sec. 9. The department and the insurance commissioner are authorized and directed to consult and assist one another in maintaining compliance with this chapter. They may jointly pursue investigations, prosecute suits, and take other official action, as may seem to them appropriat…

Sec. 1. A person who knowingly or intentionally violates this article commits: (1) a Class A misdemeanor; (2) a deceptive act that is actionable by the attorney general under IC 24-5-0.5-4 and is subject to the penalties and remedies available to the attorney general under IC 24-…

Sec. 2. (a) A homeowner may bring an action against a person for damages incurred as a result of a violation of this article. (b) A homeowner who: (1) brings an action under this section; and (2) is awarded damages; may seek reasonable attorney's fees. [Pre-2026 Revision Citation…

Sec. 3. (a) A court may award attorney's fees under section 2(b) of this chapter. (b) If the court finds that a person willfully or knowingly violated this article, the court may award damages equal to three (3) times the amount of actual damages. [Pre-2026 Revision Citation: 24-…

Sec. 4. (a) The Indiana housing and community development authority shall maintain a list of nonprofit organizations that: (1) offer counseling or advice to homeowners in foreclosure or loan defaults; and (2) do not contract for services with for-profit lenders or foreclosure pur…

Sec. 5. The attorney general may adopt rules under IC 4-22-2 necessary to implement this article. [Pre-2026 Revision Citation: 24-5.5-6-5.] As added by P.L.115-2026, SEC.97.

Sec. 6. Except as provided in IC 24-5-15-7(d), this article may not be construed to preempt the provisions of IC 24-5-15-1 through IC 24-5-15-11. [Pre-2026 Revision Citation: 24-5.5-6-6.] As added by P.L.115-2026, SEC.97.

Sec. 1. (a) A person who purchases or is otherwise assigned a high cost home loan is subject to all affirmative claims and any defenses, except for an affirmative claim or defense pursuant to IC 37-5-3-7, with respect to the high cost home loan that the borrower could assert agai…

Sec. 2. (a) If a creditor asserts that grounds for acceleration under the terms of a high cost home loan exist and requires the payment in full of all sums secured by the security instrument, the borrower or a person authorized to act on the borrower's behalf at any time before t…

Sec. 3. (a) A creditor making a high cost home loan that has the right to foreclose must use the judicial foreclosure procedures of the state in which the property securing the high cost home loan is located. The borrower has the right to assert in the proceeding the nonexistence…

Sec. 4. (a) This section does not apply to a violation of IC 37-5-3-7(c)(4), IC 37-5-3-7(c)(5), or IC 37-5-3-7(c)(6). A person who violates this article is liable to a person who is a party to the home loan transaction, mortgage transaction (as defined in IC 37-5-3-7(a)), or real…

Sec. 5. (a) If the creditor or an assignee establishes by a preponderance of evidence that a violation of this article is unintentional or the result of a bona fide error of law or fact notwithstanding the maintenance of procedures reasonably adopted to avoid any such violation o…

Sec. 6. The rights conferred by this article are in addition to rights granted under any other law. [Pre-2026 Revision Citation: 24-9-5-6.] As added by P.L.115-2026, SEC.97.