reglab/housing_qa huggingface dataset:
IN Code § 24-9-5-5 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 9. Home Loan Practices|Chapter 5. Claims, Defenses, Remedies|24-9-5-5. Unintentional or Erroneous Violations; Corrections by Creditors

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 or error, the validity of the transaction is not affected, and no liability is imposed under section 4 of this chapter except in the case of a refusal to make a refund.(b) Except as provided in subsection (c), a creditor in a high cost home loan who in good faith fails to comply with this article is not considered to have violated this article if the creditor does the following before receiving notice of the failure from the borrower:(1) Not later than ninety (90) days after the date of the loan closing:(A) makes appropriate restitution to the borrower of any amounts collected in error; and(B) takes necessary action to make all appropriate adjustments to the loan to correct the error.(2) Not later than one hundred twenty (120) days after the date of the loan closing, notifies the borrower of:(A) the error; and(B) the amount of the required restitution or adjustment.(c) Subsection (b) does not apply unless the creditor establishes that the compliance failure was not intentional and resulted from a bona fide error of fact or law, notwithstanding the maintenance of procedures reasonably adopted to avoid the errors.As added by P.L.73-2004, SEC.33.
IN Code § 24-9-5-6 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 9. Home Loan Practices|Chapter 5. Claims, Defenses, Remedies|24-9-5-6. Relation to Other Laws

Sec. 6. The rights conferred by this article are in addition to rights granted under any other law.As added by P.L.73-2004, SEC.33.
IN Code § 24-9-6-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 9. Home Loan Practices|Chapter 6. Reporting Requirements|24-9-6-1. Requirements for Servicers of High Cost Home Loans

Sec. 1. (a) A servicer of a high cost home loan shall report at least once each calendar quarter to a nationally recognized consumer credit reporting agency both the favorable and unfavorable payment history information of the borrower on payments due to the creditor on a high cost home loan.(b) This section does not prohibit a servicer from agreeing with the borrower not to report specified payment history information in the event of a resolved or an unresolved dispute with a borrower and does not apply to high cost home loans held or serviced by a lender for less than ninety (90) days.As added by P.L.73-2004, SEC.33.
IN Code § 24-9-7-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 9. Home Loan Practices|Chapter 7. State Power to Regulate Lending|24-9-7-1. State Sole Regulator of Loans and Credit

Sec. 1. The state is the sole regulator of the business of originating, granting, servicing, and collecting loans and other forms of credit in Indiana and the manner in which the business is conducted. This regulation preempts all other regulation of these activities by any political subdivision.As added by P.L.73-2004, SEC.33.
IN Code § 24-9-7-2 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 9. Home Loan Practices|Chapter 7. State Power to Regulate Lending|24-9-7-2. Political Subdivisions; Prohibited Practices

Sec. 2. Political subdivisions may not:(1) enact, issue, or enforce ordinances, resolutions, regulations, orders, requests for proposals, or requests for bids pertaining to financial or lending activities, including ordinances, resolutions, and rules that disqualify persons from doing business with a municipality and that are based upon lending terms or practices; or(2) impose reporting requirements or any other obligations upon persons regarding financial services or lending practices or upon subsidiaries or affiliates that:(A) are subject to the jurisdiction of the department of financial institutions;(B) are subject to the jurisdiction or regulatory supervision of the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the National Credit Union Administration, the Federal Deposit Insurance Corporation, the Federal Trade Commission, or the United States Department of Housing and Urban Development;(C) are chartered by the United States Congress to engage in secondary market mortgage transactions;(D) are created by the Indiana housing and community development authority; or(E) originate, purchase, sell, assign, securitize, or service property interests or obligations created by financial transactions or loans made, executed, originated, or purchased by persons referred to in clauses (A), (B), (C), or (D).As added by P.L.73-2004, SEC.33. Amended by P.L.1-2006, SEC.417 and P.L.181-2006, SEC.59; P.L.27-2012, SEC.34.
IN Code § 24-9-8-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 9. Home Loan Practices|Chapter 8. Penalties and Enforcement|24-9-8-1. Penalties; Exception

Sec. 1. A person who knowingly or intentionally violates this article commits:(1) a Class A misdemeanor; and(2) except for a violation of IC 24-9-3-7(c)(4) by a person required to be licensed by the department of financial institutions, an act that is actionable by the attorney general under IC 24-5-0.5 and is subject to the penalties listed in IC 24-5-0.5.As added by P.L.73-2004, SEC.33. Amended by P.L.105-2009, SEC.11; P.L.114-2010, SEC.20.
IN Code § 24-9-8-2 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 9. Home Loan Practices|Chapter 8. Penalties and Enforcement|24-9-8-2. Homeowner Protection Unit

Sec. 2. (a) Beginning July 1, 2005, the attorney general and the attorney general's homeowner protection unit established under IC 4-6-12 shall enforce this article. An action may not be brought under this article more than five (5) years after the occurrence of the violation.(b) The attorney general may refer a matter under section 1 of this chapter to a prosecuting attorney for enforcement.As added by P.L.73-2004, SEC.33. Amended by P.L.231-2013, SEC.8.
IN Code § 24-9-8-3 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 9. Home Loan Practices|Chapter 8. Penalties and Enforcement|24-9-8-3. Enforcement Actions by Attorney General; Exception; Civil Penalty for Violation of Injunction; Jurisdiction of Court

Sec. 3. (a) This section does not apply to a violation of IC 24-9-3-7(c)(4) by a person required to be licensed by the department of financial institutions. The attorney general may bring an action to enjoin a violation of this article. A court in which the action is brought may:(1) issue an injunction;(2) order a person to make restitution;(3) order a person to reimburse the state for reasonable costs of the attorney general's investigation and prosecution of the violation of this article; and(4) impose a civil penalty of not more than ten thousand dollars ($10,000) per violation.(b) A person who violates an injunction under this section is subject to a civil penalty of not more than ten thousand dollars ($10,000) per violation.(c) The court that issues an injunction retains jurisdiction over a proceeding seeking the imposition of a civil penalty under this section.As added by P.L.73-2004, SEC.33. Amended by P.L.105-2009, SEC.12; P.L.114-2010, SEC.21.
IN Code § 24-9-8-4 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 9. Home Loan Practices|Chapter 8. Penalties and Enforcement|24-9-8-4. Complaints

Sec. 4. The attorney general may file complaints with any of the agencies listed in IC 4-6-12-4 to implement this chapter.As added by P.L.73-2004, SEC.33.
IN Code § 24-9-9-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 9. Home Loan Practices|Chapter 9. Fees|24-9-9-1. Mortgage Recording Fee

Sec. 1. The county recorder shall assess a fee for each mortgage recorded that shall be paid to the county treasurer at the end of each calendar month as set forth in IC 36-2-7-10(c)(2).As added by P.L.73-2004, SEC.33. Amended by P.L.127-2017, SEC.3.
IN Code § 24-9-9-3 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 9. Home Loan Practices|Chapter 9. Fees|24-9-9-3. Distributions to Auditor of State

Sec. 3. On or before June 20 and December 20 of each year, after completing an audit of the county treasurer's monthly reports required by IC 36-2-10-16, the county auditor shall distribute to the auditor of state two dollars and fifty cents ($2.50) of the mortgage recording fee collected under IC 36-2-7-10(c)(2) for each mortgage recorded by the county recorder. The auditor of state shall deposit the money in the state general fund to be distributed as described in section 4 of this chapter.As added by P.L.73-2004, SEC.33. Amended by P.L.127-2017, SEC.5.
IN Code § 24-9-9-4 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 9. Home Loan Practices|Chapter 9. Fees|24-9-9-4. Distributions by Auditor of State

Sec. 4. On or before June 30 and December 31 of each year the auditor of state shall distribute one dollar and twenty-five cents ($1.25) of the mortgage recording fee to the state general fund and one dollar and twenty-five cents ($1.25) of the mortgage recording fee to the homeowner protection unit account established by IC 4-6-12-9.As added by P.L.73-2004, SEC.33. Amended by P.L.246-2005, SEC.209.
IN Code § 24-10-1-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 10. Consumer Protection Assistance Fund|Chapter 1. Definitions|24-10-1-1. "Fund"

Sec. 1. As used in this article, "fund" refers to the consumer protection assistance fund established by IC 24-10-2-1.As added by P.L.121-2011, SEC.2.
IN Code § 24-10-1-2 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 10. Consumer Protection Assistance Fund|Chapter 1. Definitions|24-10-1-2. "Office"

Sec. 2. As used in this article, "office" refers to the office of attorney general created by IC 4-6-1-2.As added by P.L.121-2011, SEC.2.
IN Code § 24-10-1-3 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 10. Consumer Protection Assistance Fund|Chapter 1. Definitions|24-10-1-3. "Qualifying Claim"

Sec. 3. As used in this article, "qualifying claim" means a claim that:(1) subject to IC 24-10-2-2(b), is filed with the office on a form prescribed by the office;(2) is based on a court order that:(A) is issued in a case instituted or maintained by the office in connection with a violation of a statute set forth in IC 24-10-2-1(c); and(B) awards restitution to one (1) or more qualifying individuals;(3) identifies each qualifying individual who:(A) has been awarded restitution in the order described in subdivision (2); and(B) seeks payment from the fund through the claim submitted;(4) attests that the party ordered to pay the restitution has not paid the full amount ordered with respect to each qualifying individual identified under subdivision (3); and(5) seeks payment from the fund of any amount of the restitution:(A) ordered by the court; and(B) not paid by the party ordered to pay the restitution;with respect to each qualifying individual identified under subdivision (3).As added by P.L.121-2011, SEC.2.
IN Code § 24-10-1-4 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 10. Consumer Protection Assistance Fund|Chapter 1. Definitions|24-10-1-4. "Qualifying Individual"

Sec. 4. As used in this article, "qualifying individual" means an Indiana resident who:(1) is awarded restitution by a court in a case that:(A) is instituted or maintained by the office; and(B) involves a violation by one (1) or more other persons of a statute set forth in IC 24-10-2-1(c); and(2) assists or otherwise cooperates with the office in the investigation, prosecution, or enforcement of the case.As added by P.L.121-2011, SEC.2.
IN Code § 24-10-2-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 10. Consumer Protection Assistance Fund|Chapter 2. Establishment and Purposes of Fund|24-10-2-1. Consumer Protection Assistance Fund

Sec. 1. (a) The consumer protection assistance fund is established for the purpose of compensating qualifying individuals who submit qualifying claims to the office. The fund shall be administered by the office.(b) The fund consists of:(1) appropriations made to the fund by the general assembly;(2) grants, gifts, and donations intended for deposit in the fund; and(3) at the discretion of the office, money recovered or received by the office for consumer protection purposes if use of the money is not otherwise restricted.(c) Money in the fund may be used to make payments to qualifying individuals who file qualifying claims with the office in connection with a case involving a violation by one (1) or more other persons of any of the following statutes, including rules adopted under the authority of the following statutes:(1) IC 24-4.7 (concerning telephone solicitation of consumers) if the case concerns a violation involving telephone solicitations made in connection with any practice or transaction governed by a statute described in subdivisions (2) through (4).(2) IC 24-5-15 (concerning credit services organizations).(3) IC 24-5.5 (concerning mortgage rescue fraud).(4) IC 24-9 (concerning home loan practices).(d) The expenses of administering the fund shall be paid from money in the fund.(e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.(f) Money in the fund at the end of a state fiscal year does not revert to the state general fund.As added by P.L.121-2011, SEC.2.
IN Code § 24-10-2-2 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 10. Consumer Protection Assistance Fund|Chapter 2. Establishment and Purposes of Fund|24-10-2-2. Payments to Qualifying Individuals; Claims; Confidentiality of Personal Information; Amount of Payment; Other Remedies Not Precluded

Sec. 2. (a) The office may not make a payment to a qualifying individual under section 1(c) of this chapter unless the party ordered to pay restitution to the qualifying individual has not paid the full amount of the restitution ordered by the court in the order described in IC 24-10-1-3(2).(b) A qualifying individual who seeks payment from the fund of any amount of the restitution:(1) ordered by the court to be paid to the individual; and(2) not paid by the party ordered to pay the restitution;may file a claim with the office on a form prescribed by the office. A claim filed under this section must be received by the office not later than one hundred eighty (180) days after the date of the order described in IC 24-10-1-3(2). The office may grant an extension of time for good cause shown by the individual filing the claim. However, the office may not accept a claim that is received more than two (2) years after the date of the order described in IC 24-10-1-3(2).(c) The personal information (as defined in IC 4-1-11-3) of an individual who files a claim with the office under subsection (b) is confidential and may not be disclosed or distributed outside the office, except as may be required by law.(d) Upon receiving a qualifying claim, the office may pay, from money available in the fund, to each qualifying individual identified in the claim under IC 24-10-1-3(3), an amount that:(1) is determined at the discretion of the office;(2) may be up to the amount of the restitution awarded to the qualifying individual and not paid by the party ordered to pay the restitution; and(3) may not exceed three thousand dollars ($3,000).(e) The limits set forth in subsection (d) do not prohibit a qualifying individual from seeking to recover, in any action or through any other lawful remedy available to the individual, any amount of the restitution that:(1) is awarded to the qualifying individual in the order described in IC 24-10-1-3(2);(2) is not paid by the party ordered to pay the restitution; and(3) exceeds the amount paid to the qualifying individual by the office under subsection (d).As added by P.L.121-2011, SEC.2.
IN Code § 24-10-2-3 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 10. Consumer Protection Assistance Fund|Chapter 2. Establishment and Purposes of Fund|24-10-2-3. State's Liability for Award; Availability of Funds

Sec. 3. The state is not liable for a determination or an award made by the office under this chapter except to the extent that money is available in the fund on the date the award is determined by the office under this chapter.As added by P.L.121-2011, SEC.2.
IN Code § 24-10-2-4 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 10. Consumer Protection Assistance Fund|Chapter 2. Establishment and Purposes of Fund|24-10-2-4. Authority to Adopt Rules

Sec. 4. The office may adopt rules under IC 4-22-2 to implement this article.As added by P.L.121-2011, SEC.2.
IN Code § 24-11-1-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 11. Bad Faith Assertions of Patent Infringement|Chapter 1. Application|24-11-1-1. Article Not Applicable to Claims for Relief Under Certain Federal Laws

Sec. 1. This article does not apply to a demand letter or assertion of patent infringement that includes a claim for relief arising under:(1) 35 U.S.C. 271(e)(2); or(2) 42 U.S.C. 262.As added by P.L.172-2015, SEC.1.
IN Code § 24-11-1-2 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 11. Bad Faith Assertions of Patent Infringement|Chapter 1. Application|24-11-1-2. Article Not Applicable to Certain Approved Postsecondary Educational Institutions, Organizations, and Licensees

Sec. 2. This article does not apply to any of the following:(1) An approved postsecondary educational institution (as defined in IC 21-7-13-6(a)).(2) A technology transfer organization owned by or affiliated with an approved postsecondary educational institution (as defined in IC 21-7-13-6(a)).(3) A licensee holding a patent from:(A) an approved postsecondary educational institution (as defined in IC 21-7-13-6(a)); or(B) a technology transfer organization owned by or affiliated with an approved postsecondary educational institution (as defined in IC 21-7-13-6(a));if the patent has been licensed by the approved postsecondary educational institution (as defined in IC 21-7-13-6(a)) or technology transfer organization.As added by P.L.172-2015, SEC.1.
IN Code § 24-11-2-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 11. Bad Faith Assertions of Patent Infringement|Chapter 2. Definitions|24-11-2-1. Application

Sec. 1. The definitions in this chapter apply throughout this article.As added by P.L.172-2015, SEC.1.
IN Code § 24-11-2-2 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 11. Bad Faith Assertions of Patent Infringement|Chapter 2. Definitions|24-11-2-2. "Demand Letter"

Sec. 2. (a) "Demand letter" means a letter, electronic mail, or any other written, including electronic, communication asserting that a target has engaged in patent infringement.(b) The term does not include a complaint alleging patent infringement, or other documents related to an action for patent infringement, filed:(1) in a United States District Court; or(2) with the International Trade Commission.As added by P.L.172-2015, SEC.1.
IN Code § 24-11-2-3 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 11. Bad Faith Assertions of Patent Infringement|Chapter 2. Definitions|24-11-2-3. "End User"

Sec. 3. "End user" means a person who purchases, rents, leases, or otherwise obtains a product or service in the commercial market that is not for resale in the commercial market and that is, or later becomes, the subject of a patent infringement allegation.As added by P.L.172-2015, SEC.1.
IN Code § 24-11-2-4 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 11. Bad Faith Assertions of Patent Infringement|Chapter 2. Definitions|24-11-2-4. "Person"

Sec. 4. "Person" means an individual, a corporation, a limited liability company, a partnership, or other legal entity.As added by P.L.172-2015, SEC.1.
IN Code § 24-11-2-5 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 11. Bad Faith Assertions of Patent Infringement|Chapter 2. Definitions|24-11-2-5. "Target"

Sec. 5. "Target" means any of the following:(1) An end user who has received a demand letter or against whom an assertion of patent infringement has been made.(2) An end user who has been threatened with litigation for patent infringement or against whom a lawsuit has been filed alleging patent infringement.(3) An end user whose customer has received a demand letter asserting that the person's product, service, or technology has infringed a patent.As added by P.L.172-2015, SEC.1.
IN Code § 24-11-3-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 11. Bad Faith Assertions of Patent Infringement|Chapter 3. Assertions of Patent Infringements in Bad Faith Prohibited|24-11-3-1. Assertion of Claim of Patent Infringement in Bad Faith Prohibited

Sec. 1. A person may not assert a claim of patent infringement in bad faith.As added by P.L.172-2015, SEC.1.
IN Code § 24-11-3-2 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 11. Bad Faith Assertions of Patent Infringement|Chapter 3. Assertions of Patent Infringements in Bad Faith Prohibited|24-11-3-2. Factors as Evidence of Bad Faith

Sec. 2. (a) A court may consider the following factors as evidence that a person has made an assertion of patent infringement in bad faith:(1) The person distributed a demand letter that does not contain all the following information:(A) The patent number of the patent that the person claims is being infringed.(B) The name and address of:(i) a patent owner;(ii) if applicable, any assignee of the patent; and(iii) if applicable, a patent owner's or assignee's agent who is retained by the patent owner or assignee to enforce the patent.(C) Factual allegations identifying specific areas in which the target's products, services, and technology infringe the patent or are covered by the claims in the patent.(2) The person fails to:(A) conduct an analysis comparing the claims in the patent to the target's products, services, and technology; or(B) identify, if the person conducts an analysis described in clause (A), specific areas in which the target's products, services, and technology are covered by the claims in the patent.(3) If the demand letter does not contain the information described in subdivision (1), the person that distributed the demand letter fails to provide the information within a reasonable amount of time after the target requests the information.(4) The person demands:(A) payment of a license fee; or(B) a response from the target;within an unreasonably short period of time.(5) The person offers to license the patent for an amount that is not based on a reasonable estimate of the value of the license.(6) The claim or assertion of patent infringement is meritless, and the person knew, or should have known, that the claim or assertion is meritless.(7) The claim or assertion of patent infringement is deceptive.(8) The person or the person's subsidiaries or affiliates have previously filed or threatened to file a lawsuit based on the same or similar claim of patent infringement and the:(A) filing or threats to file lacked the information described in subdivision (1); or(B) person attempted to enforce the claim of patent infringement in litigation and a court found the claim to be meritless.(9) Any other factor the court finds relevant.(b) A person may not use the failure of a target to request any information described in subsection (a)(1) that is not contained in the demand letter as a defense to an action under this article.As added by P.L.172-2015, SEC.1. Amended by P.L.149-2016, SEC.73.