Indiana Increases Max Credit Service Charge, Supervised Loan Finance Charge

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On April 26, Indiana enacted SB 238, which increases the maximum credit service charge for a consumer credit sale other than one involving a revolving charge account and the maximum finance charge for a supervised loan. Effective July 1, 2013, the bill increases the applicable amounts financed, which are subject to the graduated service charge or loan finance charge percentage, and increases the service charge or loan finance charge percentage that applies if the graduated percentages do not apply. For consumer loans other than supervised loans, the bill increases the permitted loan finance charge from 21% to 25%, provides that the lender may contract for and receive a loan origination fee of not more than 2% of the loan amount (or line of credit, for a revolving loan) in the case of a loan secured by an interest in land, or $50 in the case of a loan not secured by an interest in land. For supervised loans, the bill provides that the lender may contract for and receive a loan origination fee of not more than $50. For both supervised loans and consumer loans other than supervised loans, (i) the permitted minimum loan finance charge may be imposed only if the lender does not assess a loan origination fee, and (ii) in the case of a loan not secured by an interest in land, if a lender retains any part of a loan origination fee charged on a loan that is paid in full by a new loan from the same lender, certain other restrictions apply.