Sec. 12. 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) requires arbitration of a claim or defense; (2) allows a party to require a borrower to assert a claim or defense in a forum that is: (A) less convenient; (B) more costly; or (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) limits in any way any claim or defense the borrower may have; is unconscionable and void. IC 24-9-5 Chapter 5. Claims, Defenses, Remedies 24-9-5-1 Purchaser or assignee subject to affirmative claims and defenses; claims available to borrower 24-9-5-2 Acceleration; reinstatement of high cost home loan after cure of default 24-9-5-3 Foreclosure proceedings 24-9-5-4 Liability for violation; exceptions; damages; equitable relief; recoupment; action by homeowner protection unit for deceptive act; statute of limitations; priority of damages over civil penalties 24-9-5-4.1 General assembly intent relating to certain amendments made to section 4 of this chapter 24-9-5-5 Unintentional or erroneous violations; corrections by creditors 24-9-5-6 Relation to other laws
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