IN Code § 27-7-3-15.5 (2021)
2021 Indiana Code|Title 27. Insurance|Article 7. Special Types of Insurance|Chapter 3. Abstract and Title Insurance|27-7-3-15.5. Mortgage Transactions and Real Estate Transactions; Electronic Storage of Data on Persons Involved; Closing Agents to Input Data and Submit Form; Duty to Provide Information; Failure to Comply; Civil Penalty; Access to Data; Rules; Administrative Fee

Sec. 15.5. (a) This section applies to the following transactions:(1) A mortgage transaction (as defined in IC 24-9-3-7(a)) that:(A) is:(i) a first lien purchase money mortgage transaction; or(ii) a refinancing transaction; and(B) is closed by a closing agent after December 31, 2009.(2) A real estate transaction (as defined in IC 24-9-3-7(b)) that:(A) does not involve a mortgage transaction described in subdivision (1); and(B) is closed by a closing agent (as defined in IC 6-1.1-12-43(a)(2)) after December 31, 2011.(b) For purposes of this subsection, a person described in this subsection is involved in a transaction to which this section applies if the person participates in or assists with, or will participate in or assist with, a transaction to which this section applies. The department shall establish and maintain an electronic system for the collection and storage of the following information, to the extent applicable, concerning a transaction to which this section applies:(1) In the case of a transaction described in subsection (a)(1), the name and license number (under IC 23-2.5) of each loan broker involved in the transaction.(2) In the case of a transaction described in subsection (a)(1), the name and license or registration number of any mortgage loan originator who is:(A) either licensed or registered under state or federal law as a mortgage loan originator consistent with the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (12 U.S.C. 5101 et seq.); and(B) involved in the transaction.(3) The name and license number (under IC 25-34.1) of each:(A) broker company; and(B) broker if any;involved in the transaction.(4) The following information:(A) The:(i) name of; and(ii) code assigned by the NAIC to;each title insurance underwriter involved in the transaction.(B) The type of title insurance policy issued in connection with the transaction.(5) The name and license number (under IC 27-1-15.6) of each title insurance agency and agent involved in the transaction as a closing agent (as defined in IC 6-1.1-12-43(a)(2)).(6) The following information:(A) The name and:(i) license or certificate number (under IC 25-34.1-3-8) of each licensed or certified real estate appraiser; or(ii) license number (under IC 25-34.1) of each broker;who appraises the property that is the subject of the transaction.(B) The name and registration number (under IC 25-34.1-11-10) of any appraisal management company that performs appraisal management services (as defined in IC 25-34.1-11-3) in connection with the transaction.(7) In the case of a transaction described in subsection (a)(1), the name of the creditor and, if the creditor is required to be licensed under IC 24-4.4, the license number of the creditor.(8) In the case of a transaction described in subsection (a)(1)(A)(i) or (a)(2), the name of the seller of the property that is the subject of the transaction.(9) In the case of a transaction described in subsection (a)(1)(A)(i), the following information:(A) The name of the buyer of the property that is the subject of the transaction.(B) The purchase price of the property that is the subject of the transaction.(C) The loan amount of the mortgage transaction.(10) In the case of a transaction described in subsection (a)(2), the following information:(A) The name of the buyer of the property that is the subject of the transaction.(B) The purchase price of the property that is the subject of the transaction.(11) In the case of a transaction described in subsection (a)(1)(A)(ii), the following information:(A) The name of the borrower in the mortgage transaction.(B) The loan amount of the refinancing.(12) The:(A) name; and(B) license number, certificate number, registration number, or other code, as appropriate;of any other person that is involved in a transaction to which this section applies, as the department may prescribe.(c) The system established by the department under this section must include a form that:(1) is uniformly accessible in an electronic format to the closing agent (as defined in IC 6-1.1-12-43(a)(2)) in the transaction; and(2) allows the closing agent to do the following:(A) Input information identifying the property that is the subject of the transaction by lot or parcel number, street address, or some other means of identification that the department determines:(i) is sufficient to identify the property; and(ii) is determinable by the closing agent.(B) Subject to subsection (d) and to the extent determinable, input the applicable information described in subsection (b).(C) Respond to the following questions, if applicable:(i) "On what date did you receive the closing instructions from the creditor in the transaction?".(ii) "On what date did the transaction close?".(D) Submit the form electronically to a data base maintained by the department.(d) Not later than the time of the closing or the date of disbursement, whichever is later, each person described in subsection (b), other than a person described in subsection (b)(8), (b)(9), (b)(10), or (b)(11), shall provide to the closing agent in the transaction the person's:(1) legal name; and(2) license number, certificate number, registration number, or NAIC code, as appropriate;to allow the closing agent to comply with subsection (c)(2)(B). In the case of a transaction described in subsection (a)(1), the person described in subsection (b)(7) shall, with the cooperation of any person involved in the transaction and described in subsection (b)(6)(A) or (b)(6)(B), provide the information described in subsection (b)(6). In the case of a transaction described in subsection (a)(1)(A)(ii), the person described in subsection (b)(7) shall also provide the information described in subsection (b)(11). A person described in subsection (b)(3)(B) who is involved in the transaction may provide the information required by this subsection for a person described in subsection (b)(3)(A) that serves as the broker company for the person described in subsection (b)(3)(B). The closing agent shall determine the information described in subsection (b)(8), (b)(9), and (b)(10) from the HUD-1 settlement statement, or in the case of a transaction described in subsection (a)(2), from the contract or any other document executed by the parties in connection with the transaction.(e) The closing agent in a transaction to which this section applies shall submit the information described in subsection (d) to the data base described in subsection (c)(2)(D) not later than twenty (20) business days after the date of closing or the date of disbursement, whichever is later.(f) Except for a person described in subsection (b)(8), (b)(9), (b)(10), or (b)(11), a person described in subsection (b) who fails to comply with subsection (d) or (e) is subject to a civil penalty of one hundred dollars ($100) for each closing with respect to which the person fails to comply with subsection (d) or (e). The penalty:(1) may be enforced by the state agency that has administrative jurisdiction over the person in the same manner that the agency enforces the payment of fees or other penalties payable to the agency; and(2) shall be paid into the home ownership education account established by IC 5-20-1-27.(g) Subject to subsection (h), the department shall make the information stored in the data base described in subsection (c)(2)(D) accessible to:(1) each entity described in IC 4-6-12-4; and(2) the homeowner protection unit established under IC 4-6-12-2.(h) The department, a closing agent who submits a form under subsection (c), each entity described in IC 4-6-12-4, and the homeowner protection unit established under IC 4-6-12-2 shall exercise all necessary caution to avoid disclosure of any information:(1) concerning a person described in subsection (b), including the person's license, registration, or certificate number; and(2) contained in the data base described in subsection (c)(2)(D);except to the extent required or authorized by state or federal law.(i) The department may adopt rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1, to implement this section. Rules adopted by the department under this subsection may establish procedures for the department to:(1) establish;(2) collect; and(3) change as necessary;an administrative fee to cover the department's expenses in establishing and maintaining the electronic system required by this section.(j) If the department adopts a rule under IC 4-22-2 to establish an administrative fee to cover the department's expenses in establishing and maintaining the electronic system required by this section, as allowed under subsection (i), the department may:(1) require the fee to be paid:(A) to the closing agent responsible for inputting the information and submitting the form described in subsection (c)(2); and(B) by the borrower, the seller, or the buyer in the transaction;(2) allow the closing agent described in subdivision (1)(A) to retain a part of the fee collected to cover the closing agent's costs in inputting the information and submitting the form described in subsection (c)(2); and(3) require the closing agent to pay the remainder of the fee collected to the department for deposit in the title insurance enforcement fund established by IC 27-7-3.6-1, for the department's use in establishing and maintaining the electronic system required by this section.As added by P.L.145-2008, SEC.31. Amended by P.L.105-2009, SEC.16; P.L.35-2010, SEC.96; P.L.226-2011, SEC.22; P.L.127-2012, SEC.47; P.L.116-2015, SEC.21; P.L.72-2016, SEC.17; P.L.124-2018, SEC.72; P.L.175-2019, SEC.8.