23-2.5-11-9. Court to Compel Obedience to Subpoena, Order, or Demand
Sec. 9. (a) This section applies when a person or witness takes an action as follows: (1) A person disobeys a lawful: (A) subpoena issued under this article; or (B) order or demand requiring the production of books, accounts, papers, records, documents, or other evidence or information as provided in this article. (2) A witness […]
23-2.5-8-6. Loan Broker Record Maintenance
Sec. 6. (a) The records maintained under section 5 of this chapter must be: (1) maintained for two (2) years in the office of the loan broker in which the loan was originated; and (2) separate or readily identifiable from the records of any other business that is conducted in the office of the loan […]
23-2.5-9-4. Loan Processing Company Records Disposal
Sec. 4. A loan processing company may not dispose of the unencrypted, unredacted personal information of one (1) or more borrowers or prospective borrowers without first shredding, incinerating, mutilating, erasing, or otherwise rendering the information illegible or unusable. As added by P.L.175-2019, SEC.2.
23-2.5-8-7. Loan Broker Ceasing to Do Business; Records; Notice to Commissioner
Sec. 7. (a) A loan broker that ceases to conduct business as a loan broker or allows the loan broker license to lapse shall, before ceasing to conduct business as a loan broker, arrange for the preservation of the records specified in section 5 of this chapter for the remainder of the period specified in […]
23-2.5-9-5. Loan Processing Company Records; Commissioner Examination
Sec. 5. The commissioner may examine the books and records of a loan processing company as often as the commissioner considers necessary to verify that the loan processing company is compliant with this article. As added by P.L.175-2019, SEC.2.
23-2.5-8-8. Security Breach of Loan Broker Record
Sec. 8. If a breach of the security of a record: (1) maintained by a loan broker under this chapter; and (2) containing the unencrypted, unredacted personal information of a borrower or prospective borrower; occurs, the loan broker is subject to the disclosure requirements of IC 24-4.9-3, unless the loan broker is exempt from the […]
23-2.5-9-6. Loan Processor; Federal Law Compliance
Sec. 6. A loan processor shall comply with all of the following: (1) The federal Truth in Lending Act (15 U.S.C. 1601 et seq.). (2) The federal Real Estate Settlement Procedures Act (12 U.S.C. 2601 et seq.). (3) The federal Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.). (4) Any other federal law concerning […]
23-2.5-8-9. Licensee Disposal of Records
Sec. 9. A licensee may not dispose of the unencrypted, unredacted personal information of a borrower or prospective borrower without first shredding, incinerating, mutilating, erasing, or otherwise rendering the information illegible or unusable. As added by P.L.175-2019, SEC.2.
23-2.5-9-7. Loan Processor; Loan Processor Company; Violations
Sec. 7. The following are subject to disciplinary proceedings under IC 23-2.5-11 for a violation of this article: (1) A loan processor. (2) A loan processing company. As added by P.L.175-2019, SEC.2.
23-2.5-8-10. Prospective Borrower Funds; Requirements
Sec. 10. If a licensee or a person required to be licensed under this article possesses funds that belong to another person, including money received by or on behalf of a prospective borrower, the licensee or person required to be licensed shall: (1) upon request of the prospective borrower, account for the funds possessed for […]