Section 24-4.5-1-202 - Exempt transactions and persons(a) As used in this section, "balloon payment", with respect to a mortgage transaction, means any payment that:(1) the creditor requires the debtor to make at any time during the term of the mortgage;(2) represents the entire amount of the outstanding balance with respect to the mortgage; and(3) the entire amount of which is due as of a specified date or at the end of a specified period; if the aggregate amount of the minimum periodic payments required under the mortgage would not fully amortize the outstanding balance by the specified date or at the end of the specified period. The term does not include a payment required by a creditor under a due-on-sale clause (as defined in 12 U.S.C. 1701j-3(a)) or a payment required by a creditor under a provision in the mortgage that permits the creditor to accelerate the debt upon the debtor's default or failure to abide by the material terms of the mortgage.
(b) This article does not apply to the following: (1) Extensions of credit to or by a government or governmental agencies or instrumentalities.(2) The sale of insurance by an insurer, except as otherwise provided in the chapter on insurance (IC 24-4.5-4).(3) Transactions under public utility, municipal utility, or common carrier tariffs if a subdivision or agency of this state or of the United States regulates the charges for the services involved, the charges for delayed payment, and any discount allowed for early payment.(4) The rates and charges and the disclosure of rates and charges of a licensed pawnbroker established in accordance with a statute or ordinance concerning these matters.(5) A sale of goods, services, or an interest in land in which the goods, services, or interest in land are purchased primarily for a purpose other than a personal, family, or household purpose.(6) A loan in which the debt is incurred primarily for a purpose other than a personal, family, or household purpose.(7) An extension of credit primarily for a business, a commercial, or an agricultural purpose.(8) An installment agreement for the purchase of home fuels in which a finance charge is not imposed.(9) Loans made, insured, or guaranteed under a program authorized by Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).(10) Transactions in securities or commodities accounts in which credit is extended by a broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission.(11) Except for IC 24-4.5-3-502.1(4), IC 24-4.5-3-503.3, IC 24-4.5-3-505(4), and IC 24-4.5-3-505(5), a loan made:(A) in compliance with the requirements of; and(B) by a community development corporation (as defined in IC 4-4-28-2) acting as a subrecipient of funds from; the Indiana housing and community development authority established by IC 5-20-1-3.
(12) Except for IC 24-4.5-3-502.1(4), IC 24-4.5-3-503.3, IC 24-4.5-3-505(4), and IC 24-4.5-3-505(5), a subordinate lien mortgage transaction made by an entity that exclusively uses funds provided by the United States Department of Housing and Urban Development under Title 1 of the Housing and Community Development Act of 1974, Public Law 93-383, as amended (42 U.S.C. 5301 et seq.).(13) The United States, any state or local government, or any agency or instrumentality of any governmental entity, including United States government sponsored enterprises and state educational institutions (as defined in IC 21-7-13-32). For purposes of this subdivision, an "instrumentality" of a governmental entity includes a foundation, a corporate or nonprofit subsidiary, or an affiliate (as defined in IC 24-4.5-1-301.5(1)) of the governmental entity.(14) A bona fide nonprofit organization not operating in a commercial context, as determined by the director, if the following criteria are satisfied:(A) Subject to clause (B), the organization originates only one (1) or both of the following types of mortgage transactions:(i) Zero (0) interest first lien mortgage transactions.(ii) Zero (0) interest subordinate lien mortgage transactions.(B) The organization does not require, under the terms of the mortgage or otherwise, balloon payments with respect to the mortgage transactions described in clause (A).(C) The organization is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code.(D) The organization's primary purpose is to serve the public by helping low income individuals and families build, repair, and purchase housing.(E) The organization uses only:(i) unpaid volunteers; or(ii) employees whose compensation is not based on the number or size of any mortgage transactions that the employees originate; to originate the mortgage transactions described in clause (A).
(F) The organization does not charge loan origination fees in connection with the mortgage transactions described in clause (A).(15) A bona fide nonprofit organization (as defined in section 301.5 of this chapter) if the following criteria are satisfied:(A) For each calendar year that the organization seeks the exemption provided by this subdivision, the organization certifies, not later than December 31 of the preceding calendar year and on a form prescribed by the director and accompanied by such documentation as required by the director, that the organization is a bona fide nonprofit organization (as defined in section 301.5(45) of this chapter).(B) The director determines that the organization originates only mortgage transactions that are favorable to the debtor. For purposes of this clause, a mortgage transaction is favorable to the debtor if the director determines that the terms of the mortgage transaction are consistent with terms of mortgage transactions made in a public or charitable context, rather than in a commercial context.Amended by P.L. 176-2019,SEC. 11, eff. 7/1/2019.Amended by P.L. 186-2015, SEC. 11, eff. 7/1/2015.Amended by P.L. 27-2012, SEC. 14, eff. 7/1/2012.Amended by P.L. 6-2012, SEC. 166, eff. 2/22/2012.Amended by P.L. 89-2011, SEC. 11, eff. 4/28/2011.Amended by P.L. 9-2011, SEC. 2, eff. 7/1/2011.(Formerly: Acts1971 , P.L. 366, SEC.2.) As amended by Acts1981 , P.L. 217, SEC.1; Acts1982 , P.L. 149, SEC.1; P.L. 247-1983, SEC.1; P.L. 14-1992, SEC.7; P.L. 176-1996, SEC.2; P.L. 73-2004, SEC.16; P.L. 1-2006, SEC.410 and P.L. 181-2006, SEC.57; P.L. 35-2010, SEC.39.