Roll Call: IN HB1495 | 2019 | Regular Session

For additional roll call votes on Indiana HB1495 please see the Vote List
Bill Title: Principal dwelling land contracts. Defines "principal dwelling land contract" (contract) as a land contract for the sale of real property: (1) designed for the occupancy of one to two families; and (2) that is or will be occupied by the buyer as the buyer's principal dwelling. Provides that the seller under a contract must provide the buyer with certain disclosures at least 10 days before the contract is executed. Sets forth disclosures that must be included in a contract. Requires all preexisting liens on the property to be satisfied by the seller by the end of the contract term. Provides that a contract must permit a buyer to pay the balance owed and receive the deed at any time. Prohibits prepayment penalties or additional charges for an early payoff. Provides a three-day cancellation period for both the buyer and seller. Allows the seller and the buyer to transfer their respective interests in the contract to other parties, subject to certain conditions. Requires the seller to provide the buyer with an annual statement of account. Sets forth certain rights and responsibilities of the parties upon default by either the buyer or the seller. Sets forth acts and omissions constituting violations and establishes remedies for these violations. Provides that a violation of these provisions constitutes an incurable deceptive act that is actionable by the attorney general under the deceptive consumer sales act. Authorizes the attorney general, in consultation with the department of financial institutions, to adopt rules to implement these provisions. Provides that a buyer who has completed the buyer's obligations under the contract is entitled to the homestead deduction regardless of whether the seller has conveyed title. Requires that a title search be conducted, and that a statement regarding title insurance be provided by the seller to the buyer. Requires that the executed principal dwelling land contract or a memorandum of land contract be notarized. Provides that, if the buyer defaults, then the seller and buyer may execute a notarized release of land contract quitclaim deed, and both shall be recorded by the seller within 30 days of execution.

Spectrum: Bipartisan Bill

Status: (Enrolled) 2019-04-24 - Rules Suspended. Conference Committee Report 1: rejected by the Senate; Roll Call 624: yeas 19, nays 30 [HB1495 Detail]

Text: Latest bill text (Amended) [PDF]

Vote: Senate - Committee Vote

VoteTallyDemocratRepublican
Yea633
Nay4-4
Not Voting---
Absent---
TOTAL1037

Result: Passed

NameYeaNayNVAbsentFinancialEncyclopediaBiography
Sen. Bohacek, Mike [R]FollowTheMoneyBallotpediaVoteSmart
Sen. Buck, James "Jim" R. [R]FollowTheMoneyBallotpediaVoteSmart
Sen. Freeman, Aaron [R]FollowTheMoneyBallotpediaVoteSmart
Sen. Glick, Susan C. [R]FollowTheMoneyBallotpediaVoteSmart
Sen. Head, Randall [R]FollowTheMoneyBallotpediaVoteSmart
Sen. Koch, Eric Allan [R]FollowTheMoneyBallotpediaVoteSmart
Sen. Lanane, Timothy "Tim" [D]FollowTheMoneyBallotpediaVoteSmart
Sen. Randolph, Lonnie Marcus [D]FollowTheMoneyBallotpediaVoteSmart
Sen. Rogers, Linda [R]FollowTheMoneyBallotpediaVoteSmart
Sen. Taylor, Greg [D]FollowTheMoneyBallotpediaVoteSmart
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