Ind. Admin. Code tit. 710, r. 1-22-9 – Record maintenance

Sec. 9. Any licensee who procures a residential mortgage loan shall include in the file of the borrower or potential borrower, in addition to the requirements set forth in IC 23-2-5-18(a)(1) [ IC 23-2-5 was repealed by P.L.175-2019, SECTION 1, effective July 1, 2019. See IC 23-2.5.], the following to the extent the documents are originated by the licensee:

(1) The initial loan application, signed and dated by the loan originator.
(2) The initial and any subsequent good faith estimate provided by the licensee.
(3) A credit report, if obtained.
(4) Verification of the borrower's income and employment as required by the initial lender.
(5) Any Truth in Lending Act disclosure.
(6) A HUD-1 or HUD 1A Settlement Statement signed by the borrower or borrowers and the initial lender or settlement agent, if applicable.
(7) Affiliated business arrangement disclosure statements provided to the borrower.
(8) A servicing transfer disclosure statement.
(9) A right to receive appraisal disclosure, if applicable.
(10) A right of rescission notice, if applicable.
(11) An appraisal or appraisals of the property obtained by the broker.
(12) Any commitment or rate lock-in agreements, if applicable.
(13) Copies of all notes or correspondence in whatever format, including electronic and facsimile transmissions, with the following:
1. (A) Borrowers.
2. (B) Third party settlement service providers, including the following:
  1. (i) Appraisers.
  2. (ii) Title agents.
  3. (iii) Credit reporting agencies.
3. (C) Lenders.
(14) A record of all charges or fees assessed to the borrower's account reflecting the following:
1. (A) Amount of the charge or fee.
2. (B) Purpose.
3. (C) Date imposed.

(Securities Division; 710 IAC 1-22-9; filed Jan 19, 2006, 12:19 p.m.: 29 IR 1926; readopted filed Nov 26, 2012, 1:59 p.m.: 20121226-IR-710120573RFA; readopted filed Nov 19, 2018, 12:53 p.m.: 20181219-IR-710180415RFA; readopted filed Nov 26, 2024, 2:55 p.m.: 20241225-IR-710230842RFA)