2016 Indiana Code
TITLE 24. TRADE REGULATION
ARTICLE 5.5. MORTGAGE RESCUE PROTECTION FRAUD
CHAPTER 6. ENFORCEMENT


Download as PDF IC 24-5.5-6 Chapter 6. Enforcement IC 24-5.5-6-1 Violations; deceptive act; Class A misdemeanor Sec. 1. A person who knowingly or intentionally violates this article commits: (1) a Class A misdemeanor; (2) a deceptive act that is actionable by the attorney general under IC 24-5-0.5-4 and is subject to the penalties and remedies available to the attorney general under IC 24-5-0.5; and (3) a deceptive act that is actionable by the attorney general under IC 24-9-8-2 and is subject to the penalties and remedies available to the attorney general under IC 24-9. As added by P.L.209-2007, SEC.2. Amended by P.L.114-2010, SEC.17; P.L.231-2013, SEC.6. IC 24-5.5-6-2 Homeowner's cause of action; damages; attorney's fees Sec. 2. (a) A homeowner may bring an action against a person for damages incurred as a result of a violation of this article. (b) A homeowner who: (1) brings an action under this section; and (2) is awarded damages; may seek reasonable attorney's fees. As added by P.L.209-2007, SEC.2. IC 24-5.5-6-3 Attorney's fees; treble damages Sec. 3. (a) A court may award attorney's fees under section 2(b) of this chapter. (b) If the court finds that a person willfully or knowingly violated this article, the court may award damages equal to three (3) times the amount of actual damages. As added by P.L.209-2007, SEC.2. IC 24-5.5-6-4 Indiana housing and community development authority; list of nonprofit organizations Sec. 4. (a) The Indiana housing and community development authority shall maintain a list of nonprofit organizations that: (1) offer counseling or advice to homeowners in foreclosure or loan defaults; and (2) do not contract for services with for-profit lenders or foreclosure purchasers. (b) The Indiana housing and community development authority shall provide names and telephone numbers of the organizations described in subsection (a) to a homeowner upon request. Indiana Code 2016 As added by P.L.209-2007, SEC.2. IC 24-5.5-6-5 Attorney general's authority to adopt rules Sec. 5. The attorney general may adopt rules under IC 4-22-2 necessary to implement this article. As added by P.L.209-2007, SEC.2. IC 24-5.5-6-6 Credit services organizations statute not preempted Sec. 6. Except as provided in IC 24-5-15-7(d), this article may not be construed to preempt the provisions of IC 24-5-15-1 through IC 24-5-15-11. As added by P.L.209-2007, SEC.2. Indiana Code 2016

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