Without regard to whether a borrower is acting individually or on behalf of others similarly situated, a provision of a high cost home loan agreement that:

1. (1) requires arbitration of a claim or defense;

2. (2) allows a party to require a borrower to assert a claim or defense in a forum that is:

   1. (A) less convenient;
   2. (B) more costly; or

   3. (C) more dilatory;

      for the resolution of the dispute than an Indiana court in which the borrower may otherwise bring a claim or defense; or

3. (3) limits in any way any claim or defense the borrower may have;

   is unconscionable and void.

   [Pre-2026 Revision Citation: 24-9-4-12.]

As added by P.L.115-2026, SEC.97.