Terms Used In Indiana Code > Title 4 > Article 23 > Chapter 30 - Mortgage Lending and Fraud Prevention Task Force

• adjusted or net capitalized cost: means the capitalized cost, less any capitalized cost reduction payments made by a retail lessee at the inception of a lease agreement. See Indiana Code 24-5-16.5-1
• assistive device: means any new device, including a demonstrator, that a consumer purchases or accepts transfer of in Indiana that is used for a major life activity. See Indiana Code 24-5-20-2
• 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
• automatic garage door opening system: means a system of devices and equipment that is not a commercial garage door operator and that when connected to a garage door automatically opens and closes the garage door. See Indiana Code 24-5-18-1
• biodegradable: means that material has the proven capability to decompose in less than one (1) year in the most common environment where the material is usually disposed through natural biological processes into nontoxic carbonaceous soil, water, or carbon dioxide. See Indiana Code 24-5-17-3
• capitalized cost: means the amount that, after deducting any capitalized cost reduction, serves as the basis for determining the base lease payment, which is the part of the periodic lease payment that is the sum of:

  Indiana Code 24-5-16.5-2

• capitalized cost reduction: means a payment made by cash, check, credit card, debit card, net vehicle trade-in, rebate, or other similar means in the nature of a down payment or credit, made by a retail lessee at the inception of a lease agreement, for the purpose of reducing the capitalized cost and does not include any periodic payments received by the retail lessor at the inception of the lease agreement. See Indiana Code 24-5-16.5-3
• collateral costs: means expenses incurred by a consumer in connection with the repair of a nonconformity, including the reasonable costs of obtaining an alternative assistive device. See Indiana Code 24-5-20-3
• compostable: means that material will decompose into a soil-like material in less than one (1) year under controlled biological circumstances. See Indiana Code 24-5-17-4
• consumer: means any of the following:

  Indiana Code 24-5-20-4

• consumer goods: means an article that is used or bought for use primarily for personal, family, or household purposes. See Indiana Code 24-5-17-5
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• dealer: means a person who is in the business of selling or dispensing assistive devices. See Indiana Code 24-5-20-5
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• demonstrator: means an assistive device used primarily for the purpose of demonstration to the public or loan to a consumer. See Indiana Code 24-5-20-6
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• garage: means a building or a part of a building designed or used for the storage, repair, or keeping of a motor vehicle. See Indiana Code 24-5-18-3
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• lease agreement: means a written agreement entered into in Indiana for the transfer from a retail lessor to a retail lessee of the right to possess and use a motor vehicle in exchange for consideration for a scheduled term exceeding four (4) months, whether or not the retail lessee has the option to purchase or otherwise become the owner of the motor vehicle upon expiration of the agreement. See Indiana Code 24-5-16.5-4
• lease transaction: means a presentation made to a retail lessee concerning a motor vehicle, including a sales presentation or a document presented to the retail lessee, resulting in the execution of a lease agreement. See Indiana Code 24-5-16.5-5
• manufacturer: means a person that manufactures or assembles assistive devices. See Indiana Code 24-5-20-7
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• nonconformity: means a condition or defect that significantly impairs the use, value, function, or safety of an assistive device or any of its components. See Indiana Code 24-5-20-8
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• package: means the coating, covering, container, or wrapping used during a product's life cycle, including any outer container, wrapping, or label used in the retail display of any consumer goods. See Indiana Code 24-5-17-7
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• person: has the meaning set forth in Indiana Code 24-5-21-2
• person: means an individual, a corporation, a partnership, an association, or other legal entity. See Indiana Code 24-5-18-4
• person: has the meaning set forth in Indiana Code 24-5-19-2
• photodegradable: means that material has the proven capability to decompose within one (1) year into nontoxic carbonaceous soil, water, or carbon dioxide in the most common environment where the material is usually disposed through physical processes such as exposure to heat and light. See Indiana Code 24-5-17-8
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Probate: Proving a will
• recyclable: means that a material or product can be redeemed or returned at an identifiable recycling location for the purpose of returning the material to the economic mainstream in the form of raw material for new, reused, or reconstituted materials which meet quality standards necessary to be used in the marketplace. See Indiana Code 24-5-17-9
• recycled: means that an article contains at least ten percent (10%) by weight of postconsumer or post manufacture material. See Indiana Code 24-5-17-10
• residential building: means a structure such as a home or an apartment for one (1) or more families or persons that includes an attached or unattached garage. See Indiana Code 24-5-18-5
• retail lessee: means an individual who executes a lease agreement for a motor vehicle from a retail lessor primarily for personal, family, or household purposes. See Indiana Code 24-5-16.5-6
• retail lessor: means a person who regularly engages in the business of selling or leasing motor vehicles and who offers or arranges a lease agreement for a motor vehicle. See Indiana Code 24-5-16.5-7
• Service of process: The service of writs or summonses to the appropriate party.
• supplier: means a seller, lessor, assignor, or other person who regularly engages in or solicits consumer transactions. See Indiana Code 24-5-18-6
• task force: refers to the mortgage lending and fraud prevention task force created under section 2 of this chapter. See Indiana Code 4-23-30-1
• 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}
• vehicle: has the meaning set forth in IC 9-13-2-196. See Indiana Code 24-5-16.5-8
• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5