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.As added by P.L.73-2004, SEC.33.
Indiana Legal Code