reglab/housing_qa huggingface dataset:
IN Code § 24-5-26.5-14 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5. Consumer Sales|Chapter 26.5. Deceptive Lead Generation|24-5-26.5-14. Cause of Action; Remedy

Sec. 14. (a) A manufacturer or seller of medical devices or legend drugs or a consumer may bring an action against any combination of persons that authorize, finance, sponsor, participate in, or otherwise benefit from a deceptive act under this chapter. In the action the court may do any combination of the following:(1) Issue an injunction.(2) Order the person engaged in lead generation to reimburse money unlawfully received by any person from the aggrieved consumers to be held in escrow for distribution to aggrieved consumers, void or limit the application of contracts or clauses resulting from deceptive acts, and order other restitution as the court determines appropriate.(b) A manufacturer, seller, or consumer that commences an action under this section shall serve the attorney general with a copy of the complaint. The attorney general may join an action under this section commenced by the manufacturer, seller, or consumer.As added by P.L.176-2021, SEC.1.
IN Code § 24-5-26.5-15 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5. Consumer Sales|Chapter 26.5. Deceptive Lead Generation|24-5-26.5-15. Court Costs; Litigation Fees

Sec. 15. A court with jurisdiction over an action under section 14 of this chapter may order the violator to pay court costs and reasonable litigation fees incurred.As added by P.L.176-2021, SEC.1.
IN Code § 24-5-26.5-16 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5. Consumer Sales|Chapter 26.5. Deceptive Lead Generation|24-5-26.5-16. Statute of Limitations

Sec. 16. An action brought under this chapter for a deceptive act may not be brought more than two (2) years after the occurrence of the deceptive act.As added by P.L.176-2021, SEC.1.
IN Code § 24-5-26.5-17 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5. Consumer Sales|Chapter 26.5. Deceptive Lead Generation|24-5-26.5-17. Exceptions

Sec. 17. (a) Nothing in this chapter limits or otherwise affects the authority of the supreme court to regulate the practice of law, establish and enforce rules of professional conduct for attorneys, law firms, and legal referral services, or discipline individuals admitted to the practice of law in Indiana.(b) This chapter does not apply to attorneys licensed to practice law in the state of Indiana.(c) Subsection (b) does not prohibit an injunction against a deceptive act.As added by P.L.176-2021, SEC.1.
IN Code § 24-5.5-1-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 1. Application|24-5.5-1-1. Application of Article

Sec. 1. This article does not apply to the following:(1) A person organized or chartered under the laws of this state, any other state, or the United States that relate to a bank, a trust company, a savings association, a savings bank, a credit union, or an industrial loan and investment company.(2) The Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, or a Federal Home Loan Bank.(3) A department or agency of the United States or of Indiana.(4) A person that is servicing or enforcing a loan that it owns.(5) A person that is servicing a loan:(A) for a person described in subdivisions (1) through (4); or(B) insured by the Department of Housing and Urban Development or guaranteed by the Veterans Administration.(6) An attorney licensed to practice law in Indiana who is representing a mortgagor.As added by P.L.209-2007, SEC.2. Amended by P.L.105-2009, SEC.4; P.L.68-2010, SEC.1.
IN Code § 24-5.5-2-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 2. Definitions|24-5.5-2-1. Application of Definitions

Sec. 1. The definitions in this chapter apply throughout this article.As added by P.L.209-2007, SEC.2.
IN Code § 24-5.5-2-2 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 2. Definitions|24-5.5-2-2. "Foreclosure Consultant"

Sec. 2. "Foreclosure consultant" means a person who, directly or indirectly, makes a solicitation, a representation, or an offer to a homeowner to perform, with or without compensation, any service that the person represents will:(1) prevent or postpone the initiation of a foreclosure proceeding, or reverse the effect of a foreclosure proceeding;(2) allow the homeowner to become a lessee or renter in the homeowner's residence during or after a foreclosure proceeding; or(3) allow the homeowner to have an option to repurchase the homeowner's residence after a foreclosure proceeding.As added by P.L.209-2007, SEC.2.
IN Code § 24-5.5-2-3 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 2. Definitions|24-5.5-2-3. "Foreclosure Purchaser"

Sec. 3. "Foreclosure purchaser" means a person who purchases real property in a foreclosure proceeding.As added by P.L.209-2007, SEC.2.
IN Code § 24-5.5-2-4 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 2. Definitions|24-5.5-2-4. "Foreclosure Reconveyance"

Sec. 4. "Foreclosure reconveyance" means a transaction involving:(1) the transfer of interest in real property by a homeowner to a person during or incident to a proposed foreclosure proceeding, either by:(A) transfer of interest from the homeowner to the person; or(B) creation of a mortgage, trust, or other lien or encumbrance during the foreclosure process;that allows the person to obtain legal or equitable title to all or part of the real property; and(2) the subsequent conveyance, or promise of subsequent conveyance, of interest back to the homeowner by the person or the person's agent that allows the homeowner to possess the real property following the completion of the foreclosure proceeding.As added by P.L.209-2007, SEC.2.
IN Code § 24-5.5-2-5 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 2. Definitions|24-5.5-2-5. "Formal Settlement"

Sec. 5. "Formal settlement" means a face-to-face meeting with a homeowner to complete final documents incident to the:(1) sale or transfer of real property; or(2) creation of a mortgage or equitable interest in real property;conducted by a person who is not employed by or an affiliate of the foreclosure purchaser.As added by P.L.209-2007, SEC.2.
IN Code § 24-5.5-2-6 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 2. Definitions|24-5.5-2-6. "Homeowner"

Sec. 6. "Homeowner" means a person who holds record title to residential real property as of the date on which:(1) a contract with a foreclosure consultant; or(2) a foreclosure reconveyance agreement;with respect to the residential real property is entered into.As added by P.L.209-2007, SEC.2.
IN Code § 24-5.5-4-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 4. Rescission of Contracts With Foreclosure Consultants and Foreclosure Reconveyance Agreements|24-5.5-4-1. Homeowner's Right to Rescind Foreclosure Consultant Contract and Foreclosure Reconveyance Agreement; Timing

Sec. 1. In addition to any other right under law to cancel or rescind a contract, a homeowner may rescind a:(1) contract with a foreclosure consultant at any time before midnight of the seventh business day after the date the contract is signed; and(2) foreclosure reconveyance agreement at any time before midnight of the seventh business day after the homeowner's transfer of the interest in the real property that is the subject of the agreement, as described in IC 24-5.5-2-4(1).As added by P.L.209-2007, SEC.2.
IN Code § 24-5.5-4-2 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 4. Rescission of Contracts With Foreclosure Consultants and Foreclosure Reconveyance Agreements|24-5.5-4-2. Notice of Rescission of Foreclosure Consultant Contract

Sec. 2. A homeowner effectively rescinds a contract with a foreclosure consultant if the homeowner gives written notice of a rescission to the foreclosure consultant by one (1) of the following:(1) Mailing the rescission to the address specified in the contract.(2) Sending the rescission through any facsimile or electronic mail address identified in the contract or other material provided to the homeowner by the foreclosure consultant.As added by P.L.209-2007, SEC.2.
IN Code § 24-5.5-4-3 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 4. Rescission of Contracts With Foreclosure Consultants and Foreclosure Reconveyance Agreements|24-5.5-4-3. Notice Sent by Mail; Time of Effectiveness; Inconsistent Rescission Requirements

Sec. 3. (a) If a notice of rescission under this chapter is sent by mail, the rescission is effective three (3) days after the notice is deposited in the U.S. mail, properly addressed, with postage prepaid.(b) A homeowner is not required to give notice of rescission in the form required under the contract if the form under the contract is inconsistent with the requirements under this chapter.As added by P.L.209-2007, SEC.2.
IN Code § 24-5.5-4-4 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 4. Rescission of Contracts With Foreclosure Consultants and Foreclosure Reconveyance Agreements|24-5.5-4-4. Homeowner's Duty to Repay Amounts Advanced Before Rescission

Sec. 4. (a) If a homeowner rescinds a contract with a foreclosure consultant or a foreclosure reconveyance agreement, the homeowner shall, not later than thirty (30) days after the date of rescission, repay any amounts paid or advanced by:(1) the foreclosure consultant or the foreclosure consultant's agent under the terms of the foreclosure consulting contract; or(2) a person under a foreclosure reconveyance agreement.(b) A rescission by a homeowner under this chapter is void if the payments required under this section are not made within the time set forth in subsection (a).As added by P.L.209-2007, SEC.2.
IN Code § 24-5.5-4-5 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 4. Rescission of Contracts With Foreclosure Consultants and Foreclosure Reconveyance Agreements|24-5.5-4-5. Foreclosure Consultant's Duty to Return Payments Made by Homeowner

Sec. 5. If a homeowner rescinds a contract with a foreclosure consultant, not less than ten (10) days following the effective date of the rescission, the consultant shall return to the homeowner any payments made by the homeowner, less any amounts for actual services rendered.As added by P.L.209-2007, SEC.2.
IN Code § 24-5.5-5-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 5. Limitations on Foreclosure Consultants and Foreclosure Reconveyances|24-5.5-5-1. Rebuttable Presumptions; Homeowner's Ability to Pay Upon Reconveyance

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 other personal debt, on a monthly basis, do not exceed sixty percent (60%) of the homeowner's monthly gross income; and(2) the foreclosure purchaser has not verified reasonable payment ability if the foreclosure purchaser has not obtained documents other than a statement by the homeowner of assets, liability, and income.As added by P.L.209-2007, SEC.2.
IN Code § 24-5.5-5-2 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 5. Limitations on Foreclosure Consultants and Foreclosure Reconveyances|24-5.5-5-2. Foreclosure Consultants; Prohibited Acts

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 written notice of the homeowner's rights under this article;(2) demand or receive compensation until after the foreclosure consultant has fully performed all services the foreclosure consultant contracted to perform or represented that the foreclosure consultant would perform, unless the foreclosure consultant complies with the security requirements under IC 24-5-15-8;(3) demand or receive a fee, interest, or any other compensation that exceeds eight percent (8%) per year of the amount of any loan that the foreclosure consultant makes to the homeowner;(4) take a wage assignment, a lien of any type on real or personal property, or any other security to secure the payment of compensation;(5) receive consideration from a third party in connection with foreclosure consulting services provided to a homeowner unless the consideration is first fully disclosed in writing to the homeowner;(6) acquire any interest, directly or indirectly, in residential real property in foreclosure from a homeowner with whom the foreclosure consultant has contracted;(7) except to inspect documents as provided by law, take any power of attorney from a homeowner for any purpose;(8) execute any contract or agreement with a homeowner or receive money or other valuable consideration from a homeowner without providing the homeowner with the written statement required by IC 24-5-15-6; or(9) fail to provide a homeowner with a written contract that includes the notice of cancellation required by IC 24-5-15-7.As added by P.L.209-2007, SEC.2. Amended by P.L.231-2013, SEC.4.
IN Code § 24-5.5-5-3 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 5. Limitations on Foreclosure Consultants and Foreclosure Reconveyances|24-5.5-5-3. Foreclosure Purchasers; Prohibited Acts

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 subsequent reconveyance of the property back to the homeowner on completion of the terms of the foreclosure conveyance; or(B) if the foreclosure conveyance provides for a lease with an option to repurchase the real property, make the lease payment and repurchase the real property within the period of the option to repurchase;(2) foreclosure purchaser provides the homeowner written notice of the homeowner's rights under this article;(3) foreclosure purchaser and the homeowner complete a formal settlement before any transfer of interest in the affected property; and(4) foreclosure purchaser complies with the security requirements under IC 24-5-15-8.As added by P.L.209-2007, SEC.2.
IN Code § 24-5.5-5-4 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 5. Limitations on Foreclosure Consultants and Foreclosure Reconveyances|24-5.5-5-4. Foreclosure Purchasers; Duties to Homeowners

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 agreement is sold within eighteen (18) months after entering into the foreclosure reconveyance agreement, make payment to the homeowner not later than ninety (90) days after the resale of the real property in an amount equal to at least sixty-six percent (66%) of the net proceeds from the resale of the property.As added by P.L.209-2007, SEC.2.
IN Code § 24-5.5-5-5 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 5. Limitations on Foreclosure Consultants and Foreclosure Reconveyances|24-5.5-5-5. Foreclosure Purchasers; Unfair Conduct; Prohibited Representations and Acts

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 is acting:(i) as an adviser or a consultant; or(ii) in any other manner on behalf of the homeowner;(B) foreclosure purchaser is assisting the homeowner to save the residence; or(C) foreclosure purchaser is assisting the homeowner in preventing a foreclosure if the result of the transaction is that the homeowner will not complete a redemption of the property; or(3) until the homeowner's right to rescind or cancel the foreclosure reconveyance agreement has expired:(A) record any document, including an instrument or conveyance, signed by the homeowner; or(B) transfer to a third party or encumber, or purport to transfer to a third party or encumber, any interest in the residential real property in foreclosure.As added by P.L.209-2007, SEC.2.
IN Code § 24-5.5-5-6 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 5. Limitations on Foreclosure Consultants and Foreclosure Reconveyances|24-5.5-5-6. Foreclosure Purchasers; Accounting to Homeowner After Resale of Property

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.As added by P.L.209-2007, SEC.2.
IN Code § 24-5.5-5-7.2 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 5. Limitations on Foreclosure Consultants and Foreclosure Reconveyances|24-5.5-5-7.2. Duty to Retain Records for Three Years

Sec. 7.2. 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 entered into by the foreclosure consultant and the homeowner.As added by P.L.52-2009, SEC.3; P.L.105-2009, SEC.6.
IN Code § 24-5.5-5-8 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 5. Limitations on Foreclosure Consultants and Foreclosure Reconveyances|24-5.5-5-8. Foreclosure Consultant Representations

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.As added by P.L.231-2013, SEC.5.
IN Code § 24-5.5-6-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 6. Enforcement|24-5.5-6-1. Violations; Deceptive Act; Class a Misdemeanor

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 24-5-0.5; and(3) a deceptive act that is actionable by the attorney general under IC 24-9-8-2 and is subject to the penalties and remedies available to the attorney general under IC 24-9.As added by P.L.209-2007, SEC.2. Amended by P.L.114-2010, SEC.17; P.L.231-2013, SEC.6.
IN Code § 24-5.5-6-2 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 6. Enforcement|24-5.5-6-2. Homeowner's Cause of Action; Damages; Attorney's Fees

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.As added by P.L.209-2007, SEC.2.
IN Code § 24-5.5-6-3 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 6. Enforcement|24-5.5-6-3. Attorney's Fees; Treble Damages

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.As added by P.L.209-2007, SEC.2.
IN Code § 24-5.5-6-4 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 6. Enforcement|24-5.5-6-4. Indiana Housing and Community Development Authority; List of Nonprofit Organizations

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 purchasers.(b) The Indiana housing and community development authority shall provide names and telephone numbers of the organizations described in subsection (a) to a homeowner upon request.As added by P.L.209-2007, SEC.2.
IN Code § 24-5.5-6-5 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 6. Enforcement|24-5.5-6-5. Attorney General's Authority to Adopt Rules

Sec. 5. The attorney general may adopt rules under IC 4-22-2 necessary to implement this article.As added by P.L.209-2007, SEC.2.
IN Code § 24-5.5-6-6 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 5.5. Mortgage Rescue Protection Fraud|Chapter 6. Enforcement|24-5.5-6-6. Credit Services Organizations Statute Not Preempted

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.As added by P.L.209-2007, SEC.2.