(b) If a creditor presents evidence that the creditor followed commercially reasonable practices in determining the borrower's debt to income ratio, there is a rebuttable presumption that the creditor made the high cost home loan with due regard to repayment ability. For purposes of this section, there is a rebuttable presumption that the borrower's statement of income provided to the creditor is true and complete.(c) Commercially reasonable practices include the use of:(1) the debt to income ratio:(A) listed in 38 CFR 36.4337(c)(1); and(B) defined in 38 CFR 36.4337(d); and(2) the residual income guidelines established under:(A) 38 CFR 36.4337(e); and(B) United States Department of Veterans Affairs form 26-6393.As added by P.L.73-2004, SEC.33.
Indiana Legal Code