Indiana Servicing Reference Guide
- Kacey Olson
Owned by Kacey Olson
| Citation | Topic | Requirement |
| IN House Bill 1320 (2018) | Conveyances | Requires that a conveyance recorded after June 30, 2007, must include a statement specifying the mailing address for tax statement purposes and the mailing address of the grantee. Requires that the mailing address of the grantee be a street address or a rural route address. |
| IN House Bill 1397 | Expedited Payment Fee | (g) A charge not to exceed ten dollars ($10) for an optional expedited payment service, subject to the following: (i) The charge may be assessed only upon request by the consumer to use the expedited payment service. (ii) The amount of the charge must be disclosed to the consumer at the time of the consumer's request to use the expedited payment service. (iii) The consumer must be informed that the consumer retains the optionto make a payment by traditionalmeans. (iv)The chargemaynot be establishedinadvance,through any agreement with the consumer, asthe expected method of payment. (v) The charge may not be assessed with respect to any payment for which a delinquency charg |
IN Uniform Consumer Credit Code--Second Liens | Ind. Code Ann. §24-4.5-3-203.5 Ind. Admin. Code tit. 750, r. 1-1-1(1) | Late Payment Fees | Sec. 203.5 . Delinquency Charges--  (1) With respect to a consumer loan, refinancing, or consolidation, the parties may contract for a delinquency charge of not more than five dollars ($5) on any installment or minimum payment due not paid in full within ten (10) days after its scheduled due date. |
| Property / Ind. Code Ann. §32-30-10.5-8 | Notice of Right to Settlement Conference | If a creditor files an action to foreclose a mortgage, the creditor shall include on the first page of the summons that is served on the debtor in conjunction with the complaint; a notice that informs the debtor of the debtor's right to participate in a settlement conference. The notice must inform the debtor that the debtor may schedule a settlement conference by notifying the court, not later than thirty (30) days after the notice complaint is served on the debtor, of the debtor's intent to participate in a settlement conference. A creditor is not required to send the notice described if: (1) the mortgage is secured by a dwelling that is not occupied by the debtor as the debtor’s primary residence; (2) the mortgage has been the subject of a prior foreclosure prevention agreement under this chapter and the debtor has defaulted with respect to the terms of that foreclosure prevention agreement; or (3) bankruptcy law prohibits the creditor from participating in a settlement conference under this chapter with respect to the mortgage. |
| First Lien Mortgage Lending Act / Ind. Code Ann. §24-4.4-2-201(1) | Payoff Statement | A mortgage service must provide, in writing, an accurate payoff amount for a first lien mortgage transaction to the debtor not later than 7 business days (excluding legal public holidays, Saturdays, and Sundays) after the mortgage servicer receives the borrower's written request for the accurate payoff amount. A payoff statement must show the date the statement was prepared and itemize the unpaid principal balance and each fee, charge, or other sum included within the payoff amount. |
| Property / Ind. Code Ann. §32-30-10.5-8 | Pre-Suite Notice | A lender or servicer must send to the debtor a Pre-Suit Notice, not later than 30 days prior to filing a complaint in a foreclosure action. A creditor is not required to send the notice described if: (1) the mortgage is secured by a dwelling that is not occupied by the debtor as the debtor’s primary residence; (2) the mortgage has been the subject of a prior foreclosure prevention agreement under this chapter and the debtor has defaulted with respect to the terms of that foreclosure prevention agreement; or (3) bankruptcy law prohibits the creditor from participating in a settlement conference under this chapter with respect to the mortgage. |