Ohio Revised Code Search
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Section 1349.25 | Covered loan definitions.
...2(a) of the "Home Ownership and Equity Protection Act of 1994," 108 Stat. 2190, 15 U.S.C.A. 1602(aa), as amended, and the regulations adopted thereunder by the federal reserve board, as amended. (2) If the total loan amount is twenty-five thousand dollars or more, the total points and fees payable by the consumer at or before loan closing exceed five per cent of the total loan amount. If the total loan amount ... |
Section 1349.26 | Disclosures of creditor concerning covered loans.
...(A) A creditor shall provide, for each covered loan, both of the following disclosures. The disclosures shall be in conspicuous type size and be in substantially the following form: (1) "You are not required to complete this agreement merely because you have received these disclosures or have signed a loan application." (2) "If you obtain this loan, the lender will have a mortgage on your home. You could lose your ... |
Section 1349.27 | Creditor or assignee - prohibitions.
...c)(2) of the "Home Ownership and Equity Protection Act of 1994," 108 Stat. 2190, 15 U.S.C.A. 1639(c)(2), as amended, and the regulations adopted thereunder by the federal reserve board, as amended. (2) Terms under which the outstanding principal balance will increase at any time over the course of the loan because the regular periodic payments do not cover the full amount of interest due; (3) Terms under which more... |
Section 1349.271 | Rules for prepurchase counseling.
...(A) The superintendent of financial institutions shall, in accordance with Chapter 119. of the Revised Code, adopt rules that establish criteria for purposes of qualifying counseling services that provide prepurchase counseling to consumers. (B) Any not-for-profit credit counseling service approved by an agency of the federal government shall be deemed to meet the criteria established by the superintendent under thi... |
Section 1349.29 | Right to rescind.
...29(j) of the "Home Ownership and Equity Protection Act of 1994," 108 Stat. 2190, 15 U.S.C.A. 1639(j), as amended, and the regulations adopted thereunder by the federal reserve board, as amended. |
Section 1349.30 | Voluntary adjustments correcting errors.
...(A) A person has no liability under section 1349.31 of the Revised Code, and shall not be subject to any sanction by the superintendent of financial institutions, for any failure to comply with section 1349.26 or 1349.27 of the Revised Code, if within sixty days after discovering the error, whether pursuant to the person's own procedures or an examination or investigation by the superintendent under division (A) or (... |
Section 1349.31 | Criminal proceedings initiated.
...y directly bring an action to enjoin a violation of this section. The attorney general may directly bring an action against a mortgage broker, loan officer, or nonbank mortgage lender to enjoin a violation of this section with the same rights, privileges, and powers as those described in section 1345.06 of the Revised Code. The prosecuting attorney of the county in which the action may be brought may bring an ... |
Section 1349.32 | Conforming Ohio law to federal law.
...nce with the "Home Ownership and Equity Protection Act of 1994," 108 Stat. 2190, 15 U.S.C.A. 1601 note, as amended, and the regulations and interpretations adopted thereunder by the federal reserve board, in order to facilitate the uniform administration and enforcement of state and federal laws on the regulation of certain high cost mortgages. In furtherance of that purpose, the regulations and interpretations adop... |
Section 1349.33 | Rules adopting similar provisions where federal law is amended or modified.
...nder, if the "Home Ownership and Equity Protection Act of 1994," 108 Stat. 2190, 15 U.S.C.A. 1601 note, as amended, or any regulation adopted thereunder by the federal reserve board, as amended, is amended or otherwise modified after the effective date of this section, the superintendent of financial institutions may by rule adopt similar provisions. If an amendment or other modification to the "Home Ownership and E... |
Section 1349.34 | Examination and investigation of records.
...ct; (3) The person's history regarding violations and compliance with the superintendent's orders; (4) The person's financial resources; (5) Any other matter the superintendent considers appropriate in enforcing sections 1349.26 and 1349.27 of the Revised Code. The superintendent shall not impose a fine under this division if the superintendent has imposed or will impose a fine under another provision of the Revi... |
Section 1349.35 | Annual report.
...The superintendent of financial institutions shall include, as part of the annual report required by section 1181.09 of the Revised Code, the number of complaints received, the number of enforcement actions taken, and any other relevant data regarding covered loans. |
Section 1349.36 | Administrative rules.
...The superintendent of financial institutions may, in accordance with Chapter 119. of the Revised Code, adopt reasonable rules to administer and enforce sections 1349.25 to 1349.35 of the Revised Code and to carry out the purpose of those sections as stated in section 1349.32 of the Revised Code. |
Section 1349.37 | Office of consumer affairs.
...There is hereby created in the division of financial institutions the office of consumer affairs. The responsibilities of the office shall, at a minimum, include all of the following: (A) Providing education to residents of this state regarding borrowing and related financial topics; (B) Providing referrals to credit counseling services; (C) Receiving complaints regarding alleged failures to comply with section 13... |
Section 1349.41 | Prohibited conduct in mortgage loan sale or purchase.
...(A) As used in this section: (1) "Consumer" means an individual to whom credit is offered or extended primarily for personal, family, or household purposes. (2) "Lender" means a nonbank mortgage lender as defined in section 1345.01 of the Revised Code. "Lender" does not include a person that purchases or is assigned a loan or that functions solely as the servicer of a loan. (3) "Mortgage" has the same meaning as i... |
Section 1349.43 | Internet database - violations and enforcement information.
...dent of financial institutions for each violation of or failure to comply with any provision of Chapter 1322. of the Revised Code, upon final disposition of the action; (2) The enforcement actions taken by the attorney general under Chapter 1345. of the Revised Code against loan officers, mortgage brokers, and nonbank mortgage lenders, upon final disposition of each action; (3) All judgments by courts of this sta... |
Section 1349.44 | Report on financial institutions division operations.
... instituted by the superintendent for a violation of or failure to comply with any provision of Chapter 1322. of the Revised Code, and their final dispositions; (2) Suspensions, revocations, or refusals to issue or renew certificates of registration and licenses under Chapter 1322. of the Revised Code; (3) Outreach efforts of the office of consumer affairs to provide education regarding predatory lending, borrowin... |
Section 1349.45 | Misleading or deceptive use of financial institution name or logo prohibited.
...(A) As used in this section, "financial institution" means any bank, savings and loan association, savings bank, or credit union; any affiliate or subsidiary of a bank, savings and loan association, savings bank, or credit union; any registrant as defined in section 1321.51 of the Revised Code ; or any person registered as a mortgage lender under Chapter 1322. of the Revised Code. (B) No person shall use the name or... |
Section 1349.51 | Prohibiting disclosure of certain consumer information.
...(A) As used in this section: (1) "Consumer report" and "consumer reporting agency" have the same meanings as in the "Fair Credit Reporting Act," 84 Stat. 1128 (1970), 15 U.S.C.A. 1681a, as amended. (2) "Licensed resident insurance agent" means any natural person or business entity licensed as a resident insurance agent under section 3905.06 of the Revised Code. (B) No consumer reporting agency shall sell or otherw... |
Section 1349.521 | Security freeze on consumer credit cards.
...the protected consumer is a victim of a violation of section 2913.49 of the Revised Code, the consumer credit reporting agency shall not charge a fee to place a security freeze on that protected consumer's credit report, but that protected consumer's representative shall send a copy of the police report related to the violation of section 2913.49 of the Revised Code to the consumer credit reporting agency. (b) A con... |
Section 1349.53 | Civil action for noncompliance with security freeze.
...ate of discovery by the plaintiff of a violation of division (C) or (J) of section 1349.52 of the Revised Code; (2) Five years after the date a violation of division (C) or (J) of section 1349.52 of the Revised Code occurs. (F) A consumer credit reporting agency is not liable in damages in a civil action brought pursuant to division (A) of this section for any damages a consumer allegedly sustains as a result... |
Section 1349.55 | Non-recourse civil litigation advance contracts.
...(A) As used in this section: (1) "Non-recourse civil litigation advance" means a transaction in which a company makes a cash payment to a consumer who has a pending civil claim or action in exchange for the right to receive an amount out of the proceeds of any realized settlement, judgment, award, or verdict the consumer may receive in the civil lawsuit. (2) "Company" means a person or entity that enters into a ... |
Section 1349.61 | Sale of gift card expiring within two years of sale prohibited.
...(A)(1) Subject to division (C) of this section, no person or entity shall sell a gift card to a purchaser containing an expiration date that is less than two years after the date the gift card is issued. (2) No person or entity, within two years after a gift card is issued, shall charge service charges or fees relative to that gift card, including dormancy fees, latency fees, or administrative fees, that have the ef... |
Section 1349.65 | High-volume seller definitions.
...As used in sections 1349.65 to 1349.76 of the Revised Code: (A) "Consumer product" has the same meaning as in section 101 of the "Magnuson-Moss Warranty-Federal Trade Commission Improvement Act," 15 U.S.C. 2301 and 16 C.F.R. 700.1. (B) "High-volume third party seller" means a participant on an online marketplace's platform that is a third party seller and that, in any continuous twelve-month period during the pre... |
Section 1349.66 | High-volume seller notification requirements.
...(A) An online marketplace shall require any high-volume third party seller on such online marketplace's platform to provide, not later than ten days after qualifying as a high-volume third party seller on the platform, all of the following information to the online marketplace: (1)(a) A bank account number, or, if such seller does not have a bank account, the name of the payee for payments issued by the online mark... |
Section 1349.67 | High-volume seller disclosure requirements.
...(A) An online marketplace shall do both of the following: (1) Verify the information collected under division (A) of section 1349.66 of the Revised Code not later than ten days after such collection; (2) Verify any change to such information not later than ten days after being notified of such change by a high-volume third party seller under division (B) of section 1349.66 of the Revised Code. (B) In the case o... |