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OFFICIAL PUBLICATION OF THE INDIANA BANKERS ASSOCIATION

Vol. 109 2025 No. 3

Compliance Connection: HELOC Closing Costs Waiver

Question: My bank plans to introduce a new home equity line of credit that allows all closing costs to be waived at closing provided the customer maintains the loan for three years, but if the customer elects to pay the loan off early, they will have to repay the closing costs. Does Indiana law allow us to contract for “conditionally waived” closing costs?

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2025 IBA Education Calendar

JUNE General Banking School – Year 1 (in partnership with the Kentucky Bankers Association)June 2-6: Griffin Gate Marriott, Lexington, KY General Banking School – Year 2(in partnership with the Kentucky Bankers Association)June 1-6: Griffin Gate Marriott, Lexington, KY 2025 Commercial Lending SchoolJune 2-6: IBA Center Senior Lender Forum – Group 1June 11: IBA Center Senior Lender

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The Onus of “On Us” Checks

An “on-us” check is one that is drawn on an account held at the same bank at which it is presented. That is, the bank is both the depository bank and the payor bank. In simple terms, the opposite of an on-us check is a transit check. A transit check is presented at another financial institution and subsequently sent to the payor bank through a clearing process for settlement. On-us checks carry different risks than transit checks, creating distinct responsibilities, particularly regarding wrongful dishonor and funds availability.

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The 10-Year Rule Is Here to Stay

The SECURE Act – officially known as the Setting Every Community Up for Retirement Enhancement Act of 2019 – made significant changes to IRA and retirement plan rules, including to the beneficiary payout options. One of the most noteworthy changes involves the 10-year rule, which requires a total distribution of inherited assets by Dec. 31 of the year containing the 10th anniversary of the account owner’s death.

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