First Lien Mortgage Lending Act

Sections covered

• Ind. Code § 24-4.4-1-101Short title; licensing system for creditors and mortgage loan originators; rules; federal law
• Ind. Code § 24-4.4-1-102Purposes; rules of construction
• Ind. Code § 24-4.4-1-103Unified coverage of subject matter; construction against implied repeal
• Ind. Code § 24-4.4-1-104Severability
• Ind. Code § 24-4.4-1-201Application; nonresident debtor
• Ind. Code § 24-4.4-1-202Exempt transactions and persons
• Ind. Code § 24-4.4-1-202.5Persons also engaging in activities of a loan broker; examination by department; cooperation with securities division
• Ind. Code § 24-4.4-1-203Repealed
• Ind. Code § 24-4.4-1-204Entities also conducting activities of a loan broker; cooperation with securities commissioner
• Ind. Code § 24-4.4-1-205Carrying on other business
• Ind. Code § 24-4.4-1-301Definitions2 cites
• Ind. Code § 24-4.4-2-101Short title
• Ind. Code § 24-4.4-2-201Duty to provide payoff amount; liability for failure to provide; prepayment penalty prohibited for adjustable rate mortgages; short sales; foreclosed property; no protection from deficiency judgment1 cite
• Ind. Code § 24-4.4-2-202Federal disclosure requirements; creditor's duty to comply; exempt transactions
• Ind. Code § 24-4.4-2-301Violation of state or federal law, regulation, or rule; enforcement
• Ind. Code § 24-4.4-2-401License required; registration with NMLSR; licensed mortgage loan originators; loan processor or underwriting activities; applications for licensure; director's authority to contract with NMLSR
• Ind. Code § 24-4.4-2-402Applications for licenses; issuance; evidence of compliance; use of NMLSR; denial of application; right to hearing; fees; license not assignable or transferable; tax warrant list1 cite
• Ind. Code § 24-4.4-2-402.1National criminal history background check; fingerprints; payment of fees or costs; use of NMLSR
• Ind. Code § 24-4.4-2-402.2Credit reports; payment of fees or costs; demonstrated financial responsibility; considerations
• Ind. Code § 24-4.4-2-402.3Surety bond; requirements; amount; termination; liability; notices
• Ind. Code § 24-4.4-2-402.4Use of NMLSR in department's licensing system; reporting of information to NMLSR; confidentiality; director's authority to enter agreements; waiver of privilege; processing fee; electronic records
• Ind. Code § 24-4.4-2-403License renewal; revocation or suspension of license not renewed; reinstatement or appeal; correcting amendments
• Ind. Code § 24-4.4-2-404Suspension or revocation of license as creditor; order to show cause; order of suspension or revocation; relinquishment of license; preexisting contracts; emergency order for revocation
• Ind. Code § 24-4.4-2-404.1Violations by individuals; persons convicted of felonies; civil penalties; creditor's duty to notify department of discharge or termination
• Ind. Code § 24-4.4-2-404.2Director's notice of intent to issue order; contents; hearing; final order; suspension or prohibition pending final order; official record
• Ind. Code § 24-4.4-2-404.3Consent agreement; notice of charges not required
• Ind. Code § 24-4.4-2-404.4Final order; penalties; time for issuance; consent presumed upon failure to appear
• Ind. Code § 24-4.4-2-404.5Final order; effective date; authority of department or court to stay, modify, or vacate
• Ind. Code § 24-4.4-2-404.6Factors for determining amount of civil penalty; indemnification by creditor prohibited; deposit of civil penalties in financial institutions fund
• Ind. Code § 24-4.4-2-404.7Authority of director to enforce orders, agreements, or conditions in court
• Ind. Code § 24-4.4-2-405Record keeping; use of unique identifier on forms and documents; use of examination and regulatory software; reports of condition to NMLSR; financial statements; notice to department of certain events or changes
• Ind. Code § 24-4.4-2-406Change in control of creditor; application to department; timeframe for department's decision; conditions for approval; creditor's duty to report transfer of securities; director's discretion to require new license
• Ind. Code § 24-4.4-2-501Creditor's duty to comply with closing requirements
• Ind. Code § 24-4.4-2-502Debtor's right to rescind; accruing interest prohibited during rescission period; disbursement of proceeds
• Ind. Code § 24-4.4-2-503Reverse mortgages; pamphlet; counseling required for debtor
• Ind. Code § 24-4.4-3-101Short title
• Ind. Code § 24-4.4-3-102Application
• Ind. Code § 24-4.4-3-103Powers of department; no liability for conforming act or omission
• Ind. Code § 24-4.4-3-104Department's examination and investigatory authority; record retention; director's authority to control access to records; court order compelling compliance; confidentiality; costs; vendors
• Ind. Code § 24-4.4-3-104.5Powers of director
• Ind. Code § 24-4.4-3-104.6Prohibited acts
• Ind. Code § 24-4.4-3-105Applicability of laws governing administrative orders and rules; venue
• Ind. Code § 24-4.4-3-106Cease and desist orders; judicial review or enforcement proceedings; record; appeal; unconscionable or fraudulent conduct subject to injunction
• Ind. Code § 24-4.4-3-107Assurance of discontinuance of conduct; failure to comply
• Ind. Code § 24-4.4-3-108Civil action by department to restrain violation
• Ind. Code § 24-4.4-3-109Civil action by department to enjoin deceptive act
• Ind. Code § 24-4.4-3-110Department's application to court for temporary relief or restraining order
• Ind. Code § 24-4.4-3-111Civil action by department for willful violation; imposition of civil penalty by department; restitution
• Ind. Code § 24-4.4-3-112Repealed
• Ind. Code § 24-4.4-3-113Rights of debtors not affected
• Ind. Code § 24-4.4-3-114Actions brought by department; venue
• Ind. Code § 24-4.4-3-115"Civil court"