Sec. 3. (a) The unit shall do the following:

(1) Investigate deceptive acts in connection with mortgage lending.

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Terms Used In Indiana Code 4-6-12-3

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • unit: refers to the homeowner protection unit established under this chapter. See Indiana Code 4-6-12-1
(2) Investigate violations of IC 24-9.

(3) Institute appropriate administrative and civil actions to redress:

(A) deceptive acts in connection with mortgage lending; and

(B) violations of IC 24-5-0.5 and IC 24-9.

(4) Cooperate with federal, state, and local law enforcement agencies in the investigation of the following:

(A) Deceptive acts in connection with mortgage lending.

(B) Criminal violations involving deceptive acts in connection with mortgage lending.

(C) Violations of IC 24-5-0.5 and IC 24-9.

(D) Violations of:

(i) the federal Truth in Lending Act (15 U.S.C. § 1601 et seq.);

(ii) the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.); and

(iii) any other federal laws or regulations concerning mortgage lending.

To the extent authorized by federal law, the unit may enforce compliance with the federal statutes or regulations described in this clause or refer suspected violations of the statutes or regulations to the appropriate federal regulatory agencies.

(5) Enforce violations of IC 32-25.5-3 by homeowners associations.

     (b) The attorney general shall adopt rules under IC 4-22-2 to the extent necessary to organize the unit.

As added by P.L.73-2004, SEC.4. Amended by P.L.230-2007, SEC.1; P.L.231-2013, SEC.1; P.L.66-2014, SEC.2; P.L.52-2017, SEC.2.