Sec. 10. (a) Except as provided in subsection (b), “points and fees” means the total of the following:

(1) Points and fees (as defined in 12 C.F.R. § 226.32(b)(1) on January 1, 2004).

Terms Used In Indiana Code 24-9-2-10

  • Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
(2) All compensation paid directly or indirectly to a mortgage broker, including a broker that originates a loan in the broker’s own name.

As used in subdivision (2), “compensation” does not include a payment included in subdivision (1).

     (b) The term does not include the following:

(1) Bona fide discount points.

(2) An amount not to exceed one and one-half (1 1/2) points in indirect broker compensation, if the terms of the loan do not include:

(A) a prepayment penalty, in the case of a home loan described in IC 24-9-3-6(b); or

(B) a prepayment penalty that exceeds two percent (2%) of the home loan principal, in the case of a home loan other than a home loan described in IC 24-9-3-6(b).

(3) Reasonable fees paid to an affiliate of the creditor.

(4) Interest prepaid by the borrower for the month in which the home loan is closed.

As added by P.L.73-2004, SEC.33. Amended by P.L.52-2009, SEC.5.

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