reglab/housing_qa huggingface dataset:
IN Code § 24-4.4-2-404.3 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.4. First Lien Mortgage Lending|Chapter 2. Miscellaneous|24-4.4-2-404.3. Consent Agreement; Notice of Charges Not Required

Sec. 404.3. If the director enters into a consent to a final order under section 404.4 of this chapter with a creditor, a director, an officer, or a manager, the director is not required to issue and serve a notice of charges upon the creditor, director, officer, or manager under section 404.1 of this chapter. A consent agreement may be negotiated and entered into before or after the issuance of a notice of charges. The director shall provide a copy of the consent order to the board of directors of the creditor.As added by P.L.35-2010, SEC.21. Amended by P.L.176-2019, SEC.7.
IN Code § 24-4.4-2-404.4 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.4. First Lien Mortgage Lending|Chapter 2. Miscellaneous|24-4.4-2-404.4. Final Order; Penalties; Time for Issuance; Consent Presumed Upon Failure to Appear

Sec. 404.4. (1) If, after a hearing described in section 404.2(2) of this chapter, the department finds that the conditions specified in section 404.1 of this chapter have been established, the department may issue a final order. If a hearing is not requested within the time specified in section 404.2(2) of this chapter, the director may issue a final order on the basis of the facts set forth in the written notice served under section 404.1(1) of this chapter.(2) Unless the director has entered into a consent agreement described in section 404.3 of this chapter, a final order must include separately stated findings of fact and conclusions of law for all aspects of the order.(3) In a final order under this section, the department or the director, as appropriate, may order one (1) or more of the following with respect to an officer, a director, or a manager of a creditor:(a) The removal of the officer, director, or manager from the person's office, position, or employment.(b) A prohibition against any participation by the officer, director, or manager in the conduct of the affairs of any creditor.(c) If the subject of the order is an officer or a director of a creditor, and subject to section 404.6 of this chapter, the imposition of a civil penalty not to exceed fifteen thousand dollars ($15,000) for each practice, violation, or act that:(i) is described in section 404.1 of this chapter; and(ii) is found to exist by the department or the director.(4) A final order shall be issued in writing not later than ninety (90) days after conclusion of a hearing held under section 404.2(2) of this chapter, unless this period is waived or extended with the written consent of all parties or for good cause shown.(5) If the officer, director, or manager does not appear individually or by an authorized representative at a hearing held under section 404.2(2) of this chapter, the officer, director, or manager is considered to have consented to the issuance of a final order.(6) The remedies provided in this chapter are in addition to other remedies contained in this article.As added by P.L.35-2010, SEC.22. Amended by P.L.176-2019, SEC.8.
IN Code § 24-4.4-2-404.5 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.4. First Lien Mortgage Lending|Chapter 2. Miscellaneous|24-4.4-2-404.5. Final Order; Effective Date; Authority of Department or Court to Stay, Modify, or Vacate

Sec. 404.5. (1) A final order issued under this chapter is effective on the eleventh day after service of the order. However, a final order issued upon consent under section 404.3 of this chapter is effective at the time specified in the order.(2) A final order remains effective and enforceable as provided in the order.(3) The department or a reviewing court may stay, modify, or vacate a final order.As added by P.L.35-2010, SEC.23.
IN Code § 24-4.4-2-404.6 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.4. First Lien Mortgage Lending|Chapter 2. Miscellaneous|24-4.4-2-404.6. Factors for Determining Amount of Civil Penalty; Indemnification by Creditor Prohibited; Deposit of Civil Penalties in Financial Institutions Fund

Sec. 404.6. (1) The director or the department, as appropriate, shall consider the following factors in determining the amount of a civil penalty that should be assessed against a director or an officer in a final order issued under section 404.4(3)(c) of this chapter:(a) The appropriateness of the civil penalty with respect to the financial resources and good faith of the individual charged.(b) The gravity of the practice, violation, or act.(c) The history of previous practices, violations, or acts.(d) The economic benefit derived by the individual from the practice, violation, or act.(e) Other factors that justice requires.(2) A creditor may not indemnify a director or an officer for a civil penalty imposed in a final order under section 404.4(3)(c) of this chapter.(3) Civil penalties shall be deposited in the financial institutions fund established by IC 28-11-2-9.As added by P.L.35-2010, SEC.24.
IN Code § 24-4.4-2-404.7 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.4. First Lien Mortgage Lending|Chapter 2. Miscellaneous|24-4.4-2-404.7. Authority of Director to Enforce Orders, Agreements, or Conditions in Court

Sec. 404.7. The director may enforce any of the following by applying for appropriate relief to a court having jurisdiction:(a) An order issued under this chapter.(b) A written agreement entered into by the department or the director and any director, officer, or employee of a creditor.(c) Any condition imposed in writing by the department or the director on any director, officer, or employee of a creditor.As added by P.L.35-2010, SEC.25.
IN Code § 24-4.4-2-501 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.4. First Lien Mortgage Lending|Chapter 2. Miscellaneous|24-4.4-2-501. Creditor's Duty to Comply With Closing Requirements

Sec. 501. A creditor in a first lien mortgage transaction shall comply with IC 6-1.1-12-43, to the extent applicable.As added by P.L.145-2008, SEC.20.
IN Code § 24-4.4-2-502 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.4. First Lien Mortgage Lending|Chapter 2. Miscellaneous|24-4.4-2-502. Debtor's Right to Rescind; Accruing Interest Prohibited During Rescission Period; Disbursement of Proceeds

Sec. 502. (1) A violation by a creditor in a first lien mortgage transaction of Section 125 of the Consumer Credit Protection Act (15 U.S.C. 1635) (concerning a debtor's right to rescind a transaction) constitutes a violation of this article. A creditor may not accrue interest during the period when a first lien mortgage transaction may be rescinded under Section 125 of the Consumer Credit Protection Act (15 U.S.C. 1635).(2) A creditor must make available for disbursement the proceeds of a transaction subject to subsection (1) on the later of:(a) the date the creditor is reasonably satisfied that the debtor has not rescinded the transaction; or(b) the first business day after the expiration of the rescission period under subsection (1).As added by P.L.145-2008, SEC.20. Amended by P.L.1-2009, SEC.135; P.L.159-2017, SEC.4.
IN Code § 24-4.4-2-503 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.4. First Lien Mortgage Lending|Chapter 2. Miscellaneous|24-4.4-2-503. Reverse Mortgages; Pamphlet; Counseling Required for Debtor

Sec. 503. A creditor in a first lien mortgage transaction that:(1) qualifies as a home equity conversion mortgage under the Federal Housing Administration's program; or(2) otherwise constitutes a reverse mortgage;shall provide the debtor with a pamphlet that is approved by the department and that describes the availability of reverse mortgage counseling services provided by housing counselors approved by the Secretary of the United States Department of Housing and Urban Development, as provided in 24 CFR 206.41(a). The debtor must receive the counseling described in this section and present the creditor with the certificate described in 24 CFR 206.41(c) before the creditor may make a first lien mortgage transaction described in this section to the debtor.As added by P.L.35-2010, SEC.27.
IN Code § 24-4.4-3-101 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.4. First Lien Mortgage Lending|Chapter 3. Administration|24-4.4-3-101. Short Title

Sec. 101. This chapter shall be known and may be cited as the First Lien Mortgage Lending Act - Administration.As added by P.L.145-2008, SEC.20.
IN Code § 24-4.4-3-102 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.4. First Lien Mortgage Lending|Chapter 3. Administration|24-4.4-3-102. Application

Sec. 102. This chapter applies to a person that engages as a creditor in first lien mortgage transactions in Indiana. The authority of this chapter remains in effect, whether a licensee, individual, or person subject to this article acts or claims to act under any licensing or registration law of Indiana or claims to act without such authority.As added by P.L.145-2008, SEC.20. Amended by P.L.35-2010, SEC.28.
IN Code § 24-4.4-3-103 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.4. First Lien Mortgage Lending|Chapter 3. Administration|24-4.4-3-103. Powers of Department; No Liability for Conforming Act or Omission

Sec. 103. (1) In addition to other powers granted by this article, the department within the limitations provided by law may:(a) receive and act on complaints, take action designed to obtain voluntary compliance with this article, or commence proceedings on the department's own initiative;(b) counsel persons and groups on their rights and duties under this article;(c) establish programs for the education of consumers with respect to credit practices and problems;(d) make studies appropriate to effectuate the purposes and policies of this article and make the results available to the public;(e) adopt, amend, and repeal rules, orders, policies, and forms to carry out the provisions of this article;(f) maintain more than one (1) office within Indiana; and(g) appoint any necessary attorneys, hearing examiners, clerks, and other employees and agents and fix their compensation, and authorize attorneys appointed under this section to appear for and represent the department in court.(2) Liability may not be imposed under this article for an act done or omitted in conformity with a rule, written notice, written opinion, written interpretation, or written directive of the department notwithstanding the fact that after the act is done or omitted the rule, written notice, written opinion, written interpretation, or written directive may be:(a) amended or repealed; or(b) determined by judicial or other authority to be invalid;for any reason.As added by P.L.145-2008, SEC.20.
IN Code § 24-4.4-3-104.5 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.4. First Lien Mortgage Lending|Chapter 3. Administration|24-4.4-3-104.5. Powers of Director

Sec. 104.5. To carry out the purposes of this section, the director may:(a) retain attorneys, accountants, or other professionals and specialists as examiners, auditors, or investigators to conduct or assist in the conduct of examinations or investigations;(b) enter into agreements or relationships with other government officials or regulatory associations in order to improve efficiencies and reduce regulatory burden by sharing:(i) resources;(ii) standardized or uniform methods or procedures; and(iii) documents, records, information, or evidence obtained under this section;(c) use, hire, contract, or employ public or privately available analytical systems, methods, or software to examine or investigate a licensee, an individual, or a person subject to this article;(d) accept and rely on examination or investigation reports made by other government officials within or outside Indiana; and(e) accept audit reports made by an independent certified public accountant for the licensee, individual, or person subject to this article in the course of that part of the examination covering the same general subject matter as the audit and may incorporate the audit report in the report of the examination, report of investigation, or other writing of the director.As added by P.L.35-2010, SEC.30.
IN Code § 24-4.4-3-104.6 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.4. First Lien Mortgage Lending|Chapter 3. Administration|24-4.4-3-104.6. Prohibited Acts

Sec. 104.6. It is a violation of this article for a person or individual subject to this article to:(a) directly or indirectly employ any scheme, device, or artifice to defraud or mislead borrowers or lenders or to defraud any person;(b) engage in any unfair or deceptive practice toward any person;(c) obtain property by fraud or misrepresentation;(d) solicit or enter into a contract with a borrower that provides in substance that the person or individual subject to this article may earn a fee or commission through "best efforts" to obtain a loan even though no loan is actually obtained for the borrower;(e) solicit, advertise, or enter into a contract for specific interest rates, points, or other financing terms unless the terms are actually available at the time of soliciting, advertising, or contracting;(f) conduct any business covered by this article without holding a valid license as required under this article, or assist or aid and abet any person in the conduct of business under this article without a valid license as required under this article;(g) fail to make disclosures as required by this article or regulation adopted under this article and any other applicable state or federal law regulation;(h) fail to comply with this article or rules adopted under this article, or fail to comply with any other state or federal law, rule, or regulation, applicable to any business authorized or conducted under this article;(i) make, in any manner, any false or deceptive statement or representation, with regard to the rates, points, or other financing terms or conditions for a mortgage transaction, or engage in bait and switch advertising;(j) negligently make any false statement or knowingly and willfully make any omission of material fact in connection with any information or reports filed with a governmental agency or the NMLSR or in connection with any investigation conducted by the director or another governmental agency;(k) make any payment, threat, or promise, directly or indirectly, to any person for the purposes of influencing the independent judgment of the person in connection with a mortgage transaction, or make any payment, threat, or promise, directly or indirectly, to any appraiser of a property, for the purposes of influencing the independent judgment of the appraiser with respect to the value of the property;(l) collect, charge, attempt to collect or charge, or use or propose any agreement purporting to collect or charge any fee prohibited by this article;(m) cause or require a borrower to obtain property insurance coverage in an amount that exceeds the replacement cost of the improvements as established by the property insurer;(n) fail to account truthfully for money belonging to a party to a mortgage transaction; or(o) knowingly withhold, abstract, remove, mutilate, destroy, or secrete any books, records, computer records, or other information subject to examination under this article.As added by P.L.35-2010, SEC.31.
IN Code § 24-4.4-3-105 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.4. First Lien Mortgage Lending|Chapter 3. Administration|24-4.4-3-105. Applicability of Laws Governing Administrative Orders and Rules; Venue; Emergency Rulemaking Authority

Sec. 105. Except as otherwise provided, IC 4-21.5-3 governs any action taken by the department under this chapter or IC 24-4.4-2-401 through IC 24-4.4-2-405. IC 4-22-2 applies to the adoption of rules by the department under this article. All proceedings for administrative review under IC 4-21.5-3 or judicial review under IC 4-21.5-5 shall be held in Marion County. However, if the department determines that an emergency exists, the department may adopt any rules authorized by this article under IC 4-22-2-37.1.As added by P.L.145-2008, SEC.20. Amended by P.L.35-2010, SEC.32.
IN Code § 24-4.4-3-107 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.4. First Lien Mortgage Lending|Chapter 3. Administration|24-4.4-3-107. Assurance of Discontinuance of Conduct; Failure to Comply

Sec. 107. If it is claimed that a person has engaged in conduct subject to an order by:(a) the department under section 106(1) of this chapter; or(b) a court under sections 108 through 110 of this chapter;the department may accept an assurance in writing that the person will not engage in the conduct in the future. If a person giving an assurance of discontinuance fails to comply with the terms of the assurance, the assurance is evidence that before the assurance was issued the person engaged in the conduct described in the assurance.As added by P.L.145-2008, SEC.20.
IN Code § 24-4.4-3-108 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.4. First Lien Mortgage Lending|Chapter 3. Administration|24-4.4-3-108. Civil Action by Department to Restrain Violation

Sec. 108. The department may bring a civil action to restrain a person from violating this article or other state or federal law, rule, or regulation and for other appropriate relief.As added by P.L.145-2008, SEC.20. Amended by P.L.35-2010, SEC.34.
IN Code § 24-4.4-3-109 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.4. First Lien Mortgage Lending|Chapter 3. Administration|24-4.4-3-109. Civil Action by Department to Enjoin Deceptive Act

Sec. 109. (1) As used in this section, "deceptive act" means an act or a practice in which a person knowingly or intentionally:(a) makes a material misrepresentation concerning; or(b) conceals material information regarding the terms or conditions of;a first lien mortgage transaction.(2) For purposes of this section, "knowingly" means having actual knowledge at the time of the transaction.(3) The department may bring a civil action to enjoin a deceptive act performed in connection with a first lien mortgage transaction.As added by P.L.145-2008, SEC.20.
IN Code § 24-4.4-3-110 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.4. First Lien Mortgage Lending|Chapter 3. Administration|24-4.4-3-110. Department's Application to Court for Temporary Relief or Restraining Order

Sec. 110. With respect to an action brought under:(a) section 108 of this chapter to enjoin violations of this article; or(b) section 109 of this chapter to enjoin deceptive acts;the department may apply to the court for appropriate temporary relief against a respondent, pending final determination of the proceedings. If the court finds after a hearing held upon notice to the respondent that there is reasonable cause to believe that the respondent is engaging in or is likely to engage in the conduct sought to be restrained, the court may grant any temporary relief or restraining order the court considers appropriate.As added by P.L.145-2008, SEC.20.
IN Code § 24-4.4-3-111 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.4. First Lien Mortgage Lending|Chapter 3. Administration|24-4.4-3-111. Civil Action by Department for Willful Violation; Imposition of Civil Penalty by Department; Restitution

Sec. 111. (1) The department may bring a civil action against a creditor or a person acting on behalf of the creditor to recover a civil penalty for willfully violating this article. If the court finds that the defendant has engaged in a course of repeated and willful violations of this article, the court may assess a civil penalty of not more than five thousand dollars ($5,000). A civil penalty may not be imposed under this subsection:(a) for violations of this article occurring more than two (2) years before the action is brought; or(b) for making unconscionable agreements or engaging in a course of fraudulent or unconscionable conduct.(2) If the department determines, after notice and an opportunity to be heard, that a person has violated this article, the department may, in addition to or instead of all other remedies available under this section, impose upon the person a civil penalty not greater than ten thousand dollars ($10,000) per violation.(3) If the department determines, after notice and opportunity to be heard, that a person has willfully violated this article, the department may, in addition to or instead of all other remedies available under this section, order restitution against the person subject to this article for a violation of this article.As added by P.L.145-2008, SEC.20. Amended by P.L.35-2010, SEC.35.
IN Code § 24-4.4-3-113 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.4. First Lien Mortgage Lending|Chapter 3. Administration|24-4.4-3-113. Rights of Debtors Not Affected

Sec. 113. The grant of powers to the department under this article does not affect remedies available to debtors under this article or under other principles of law or equity.As added by P.L.145-2008, SEC.20.
IN Code § 24-4.4-3-114 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.4. First Lien Mortgage Lending|Chapter 3. Administration|24-4.4-3-114. Actions Brought by Department; Venue

Sec. 114. The department may bring an action or a proceeding in a court in a county:(1) in which an act on which the action or proceeding is based occurred;(2) in which the respondent resides or transacts business; or(3) in which the action or proceeding is otherwise authorized by rule or venue laws.As added by P.L.145-2008, SEC.20.
IN Code § 24-4.4-3-115 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.4. First Lien Mortgage Lending|Chapter 3. Administration|24-4.4-3-115. "Civil Court"

Sec. 115. As used in this article, "civil court" means any court in Indiana having jurisdiction of civil cases.As added by P.L.145-2008, SEC.20.
IN Code § 24-4.5-1-101 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.5. Uniform Consumer Credit Code|Chapter 1. General Provisions and Definitions|24-4.5-1-101. Short Title

Sec. 101. Short Title — This Article shall be known and may be cited as Uniform Consumer Credit Code.Formerly: Acts 1971, P.L.366, SEC.2.
IN Code § 24-4.5-1-103 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.5. Uniform Consumer Credit Code|Chapter 1. General Provisions and Definitions|24-4.5-1-103. Supplementary General Principles of Law Applicable

Sec. 103. Unless displaced by the particular provisions of this article, the Uniform Commercial Code (IC 26-1) and the principles of law and equity (including the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause) shall supplement its provisions.Formerly: Acts 1971, P.L.366, SEC.2. As amended by P.L.152-1986, SEC.57.
IN Code § 24-4.5-1-104 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.5. Uniform Consumer Credit Code|Chapter 1. General Provisions and Definitions|24-4.5-1-104. Construction Against Implicit Repeal

Sec. 104. Construction Against Implicit Repeal — This Article being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.Formerly: Acts 1971, P.L.366, SEC.2.
IN Code § 24-4.5-1-105 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 4.5. Uniform Consumer Credit Code|Chapter 1. General Provisions and Definitions|24-4.5-1-105. Severability

Sec. 105. Severability — If any provisions of this Article or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are severable.Formerly: Acts 1971, P.L.366, SEC.2.