CHAPTER 12. HOMEOWNER PROTECTION UNIT
IC 4-6-12
Chapter 12. Homeowner Protection Unit
IC 4-6-12-1
Establishment of unit
Sec. 1. As used in this chapter, "unit" refers to the homeownerprotection unit established under this chapter.
As added by P.L.73-2004, SEC.4.
IC 4-6-12-2
Purposes
Sec. 2. The attorney general shall establish a homeownerprotection unit to enforce IC 24-9 and to carry out this chapter.
As added by P.L.73-2004, SEC.4.
IC 4-6-12-3
Duties
Sec. 3. (a) Beginning July 1, 2005, the unit shall do the following:
(1) Investigate deceptive acts in connection with mortgagelending.
(2) Investigate violations of IC 24-9.
(3) Institute appropriate administrative and civil actions toredress:
(A) deceptive acts in connection with mortgage lending; and
(B) violations of IC 24-5-0.5 and IC 24-9.
(4) Cooperate with federal, state, and local law enforcementagencies in the investigation of the following:
(A) Deceptive acts in connection with mortgage lending.
(B) Criminal violations involving deceptive acts inconnection with mortgage lending.
(C) Violations of IC 24-5-0.5 and IC 24-9.
(D) Violations of:
(i) the federal Truth in Lending Act (15 U.S.C. 1601 etseq.);
(ii) the Real Estate Settlement Procedures Act (12 U.S.C.2601 et seq.); and
(iii) any other federal laws or regulations concerningmortgage lending.
To the extent authorized by federal law, the unit may enforcecompliance with the federal statutes or regulations describedin this clause or refer suspected violations of the statutes orregulations to the appropriate federal regulatory agencies.
(b) The attorney general shall adopt rules under IC 4-22-2 to theextent necessary to organize the unit.
As added by P.L.73-2004, SEC.4. Amended by P.L.230-2007, SEC.1.
IC 4-6-12-3.5
"Residential real estate transaction"; unit to establish or designatetoll free telephone number; staffing; sharing of information;uniform procedures; publicizing number Sec. 3.5. (a) As used in this chapter, "residential real estatetransaction" includes:
(1) mortgage lending practices;
(2) real estate appraisals; and
(3) other practices;
performed or undertaken in connection with a single familyresidential mortgage transaction or the refinancing of a single familyresidential mortgage transaction.
(b) Not later than July 1, 2008, the unit shall:
(1) establish a new toll free telephone number; or
(2) designate an existing toll free telephone number operated orsponsored by the office of the attorney general;
to receive calls from persons having information about suspectedfraudulent residential real estate transactions.
(c) The toll free telephone number required by this section shallbe staffed by:
(1) employees or investigators of the unit who have knowledgeof the laws concerning residential real estate transactions;
(2) representatives of any of the entities described in section4(a)(8) through 4(a)(10) of this chapter who have knowledge ofthe laws concerning residential real estate transactions; or
(3) a combination of persons described in subdivisions (1) and(2).
The attorney general shall designate persons to staff the toll freetelephone number as required by this subsection.
(d) Unless otherwise prohibited by law, the unit shall ensure thatinformation received from callers to the toll free telephone numberis shared with any entity described in section 4 of this chapter thathas jurisdiction over the matter not later than fifteen (15) businessdays after the date the unit determines the appropriate entity to whichthe information should be referred. The unit shall establish uniformprocedures for:
(1) responding to calls received;
(2) protecting:
(A) the anonymity of callers who wish to report informationanonymously; or
(B) the identity of callers who request that their identity notbe disclosed;
(3) documenting and verifying information reported by callers;and
(4) transmitting reported information to the appropriate entitiesdescribed in section 4 of this chapter within the time requiredby this subsection.
(e) The unit shall publicize the availability of the toll freetelephone number established or designated under this section in amanner reasonably designed to reach members of the public.
As added by P.L.145-2008, SEC.1. Amended by P.L.1-2009, SEC.8.
IC 4-6-12-4
Interagency cooperation Sec. 4. (a) The following may cooperate with the unit toimplement this chapter:
(1) The Indiana professional licensing agency and theappropriate licensing boards with respect to persons licensedunder IC 25.
(2) The department of financial institutions.
(3) The department of insurance with respect to the sale ofinsurance in connection with mortgage lending.
(4) The securities division of the office of the secretary of state.
(5) The supreme court disciplinary commission with respect toattorney misconduct.
(6) The Indiana housing and community development authority.
(7) The department of state revenue.
(8) The state police department.
(9) A prosecuting attorney.
(10) Local law enforcement agencies.
(11) The lieutenant governor.
(b) Notwithstanding IC 5-14-3, the entities listed in subsection (a)may share information with the unit.
As added by P.L.73-2004, SEC.4. Amended by P.L.1-2006, SEC.59;P.L.181-2006, SEC.13; P.L.1-2007, SEC.14.
IC 4-6-12-5
Filing complaints with other entities
Sec. 5. The attorney general may file complaints with any of theentities listed in section 4 of this chapter to carry out this chapter andIC 24-9.
As added by P.L.73-2004, SEC.4.
IC 4-6-12-6
Jurisdiction of other entities not limited
Sec. 6. The establishment of the unit and the unit's powers doesnot limit the jurisdiction of an entity described in section 4 of thischapter.
As added by P.L.73-2004, SEC.4.
IC 4-6-12-7
Investigations; issuance of subpoenas; application to courts
Sec. 7. The attorney general and an investigator of the unit maydo any of the following when conducting an investigation undersection 3 of this chapter:
(1) Issue and serve a subpoena for the production of records,including records stored in electronic data processing systems,for inspection by the attorney general or the investigator.
(2) Issue and serve a subpoena for the appearance of a personto provide testimony under oath.
(3) Apply to a court with jurisdiction to enforce a subpoenadescribed in subdivision (1) or (2).
As added by P.L.73-2004, SEC.4.
IC 4-6-12-8
Home ownership education programs
Sec. 8. The unit shall cooperate with the Indiana housing andcommunity development authority in the development andimplementation of the home ownership education programsestablished under IC 5-20-1-4(d).
As added by P.L.73-2004, SEC.4. Amended by P.L.235-2005,SEC.51; P.L.181-2006, SEC.14; P.L.145-2008, SEC.2.
IC 4-6-12-9
Homeowner protection unit account
Sec. 9. (a) The homeowner protection unit account within thegeneral fund is established to support the operations of the unit. Theaccount is administered by the attorney general.
(b) The homeowner protection unit account consists of feescollected under IC 24-9-9.
(c) The expenses of administering the homeowner protection unitaccount shall be paid from money in the account.
(d) The treasurer of state shall invest the money in the homeownerprotection unit account not currently needed to meet the obligationsof the account in the same manner as other public money may beinvested.
(e) Money in the homeowner protection unit account at the end ofa state fiscal year does not revert to the state general fund.
As added by P.L.73-2004, SEC.4. Amended by P.L.64-2007, SEC.1.
IC 4-6-12-10
Annual report to legislative council
Sec. 10. (a) Beginning in 2008, the unit shall, after June 30 andbefore November 1 of each year, report to the legislative council onthe following:
(1) The unit's budget for the most recent state fiscal year.
(2) The unit's actual income and expenses during the mostrecent state fiscal year.
(3) The projected budget required by the unit to carry out itsduties under this chapter during the current state fiscal year.
(4) The unit's staffing during the most recent fiscal year,including information on:
(A) the number of employees employed by the unit and adescription of their responsibilities; and
(B) any vacant positions.
(5) The unit's projected staffing needs during the current statefiscal year.
(6) The number and types of complaints received by the unit,including a description of:
(A) the number of complaints resolved; and
(B) the number of complaints outstanding.
(7) Any recommendations for legislation needed to addressmortgage lending or deceptive acts in connection with mortgagelending. (b) A report to the legislative council under this section must bein an electronic format under IC 5-14-6.
As added by P.L.230-2007, SEC.2.