law15135

Chapter 135

2015 -- H 6157 SUBSTITUTE A
Enacted 06/26/2015

A N A C T

RELATING TO PROPERTY -- REVERSE MORTGAGES

Introduced By: Representatives MacBeth, and McLaughlin

Date Introduced: May 01, 2015

It is enacted by the General Assembly as follows:

SECTION 1. Section 34-25.1-9 of the General Laws in Chapter 34-25.1 entitled "Reverse

Mortgages" is hereby amended to read as follows:

34-25.1-9. Required counseling. -- (a) All lenders shall deliver to all reverse mortgage

loan applicants a statement, if available, prepared by the department of elderly affairs on the

advisability and availability of independent counseling and information services. With respect to

every reverse mortgage loan, the prospective mortgagor(s) shall complete a reverse mortgage

counseling program. An original certificate, dated and signed by both the counselor and the

mortgagor(s), certifying that the counseling required by § 34-25.1-9 this section has taken place,

shall be delivered to the mortgagee at least three (3) business days prior to the closing of the loan.

The lender shall not process a reverse mortgage loan application, other than ordering an

automated valuation model, ordering a credit report, obtaining information required for inclusion

in a loan application, including documenting and verifying credit, income, assets and property

charges, evaluating extenuating circumstances and compensating factors, evaluating the results of

the financial assessment in determining eligibility for a home equity conversion mortgage,

determining whether a life expectancy set-aside will be required and whether the set-aside must

be fully or partially funded, and completing a home equity conversion mortgage financial

assessment worksheet; and ordering a preliminary title search, until the counseling required by

this section has been completed and the certificate of counseling is delivered to the mortgagee.

(b) The reverse mortgage counseling program shall include, but is not limited to, all

matters enumerated in subsections 34-25.1-9(e)(1) through (6) (e)(6) of this section. The

department of elderly affairs shall establish and maintain a list of counseling programs and

agencies approved by the United States Department of Housing and Urban Development and the

Federal Housing Administration that are deemed to satisfy the requirements of § 34-25.1-9 this

section and shall make such list available to all lenders and to the public. A counseling agency

approved by the United States Department of Housing and Urban Development to provide

reverse mortgage counseling shall be deemed to be approved to provide the counseling required

by § 34-25.1-9, provided that: (1) the counseling agency is not affiliated with the reverse

mortgage lender; and (2) the counseling agency complies with the counseling requirements of §

34-25.1-9 this section. The director of the department of elderly affairs shall have the right to

prescribe the form of counseling certificate that will meet the requirements of subsection 34-25.1-

9 (a) of this section.

person; however, if the prospective mortgagor(s) cannot or choose(s) not to travel to a housing

counseling agency and cannot be visited by a counselor in their home, telephone counseling shall

be permitted by counseling agencies that are authorized by the department of elderly affairs the

United States Department of Housing and Urban Development or the Federal Housing

Administration to conduct telephone counseling. (2) The reverse mortgage loan shall close within

one hundred eighty (180) days after the prospective mortgagor(s) sign(s) the counseling

certificate. If the reverse mortgage loan does not close within such one hundred eighty (180) day

period, the parties shall be required to again comply with the counseling requirements of this

section. (3) Mortgagees shall provide prospective mortgagors with the name of at least three (3)

independent, authorized counseling agencies in the state approved by the United States

Department of Housing and Urban Development or the Federal Housing Administration. The

mortgagee shall not recommend a counseling agency that is an affiliate of the mortgagee.

(d) In the event that counseling shall not be available free of charge, the mortgagee shall

be responsible for the cost of the counseling to the extent that all other legitimate sources or

funding the counseling by legitimate sources including, without limitation, non-profit

organizations and grants have not been obtained. In the event that 12 U.S.C. § 1715z-20 or the

federal regulations promulgated with respect thereto shall, at the time such counseling fee is due

and payable by the mortgagee, expressly prohibit a mortgagee from being responsible for the cost

of counseling, then subsection 34-25.1-9(d) of this section shall not apply to a reverse mortgage

loan that is subject to 12 U.S.C. § 1715z-20 and the federal regulations promulgated with respect

thereto.

(e) Counseling shall include, without limitation, discussion of the following with the

prospective mortgagor(s):

(1) Options other than a reverse mortgage that are available to the mortgagor(s),

including other housing, social service, health, and financial options;

(2) Other home equity conversion options that are or may become available to the

mortgagor(s), such as other reverse mortgages, sale-leaseback financing, deferred payment loan,

and property tax deferral;

(3) The financial implications of entering into a reverse mortgage;

(4) A disclosure that a reverse mortgage may have tax consequences, affect eligibility for

assistance under federal and state programs, and have an impact on the estate and heirs of the

homeowner(s), as well as an explanation of how the reverse mortgage may affect the estate and

public benefits of the mortgagor(s);

(5) Such other topics as shall be required to be addressed during counseling with respect

to a reverse mortgage pursuant to 12 U.S.C. § 1715z-20, and/or any regulations promulgated

pursuant thereto; and

(6) Such other topics as shall be required to be addressed by the director of the

department of elderly affairs.

(f) Subsections 34-25.1-9(b), (c) and (e) (b), (c), (e) of this section shall not apply to

any reverse mortgage loan that is subject to 12 U.S.C. § 1715z-20 and the federal regulations

promulgated with respect thereto; provided that such loan complies with the counseling

requirements set forth in 12 U.S.C. § 1715z-20 and the federal regulations promulgated with

respect thereto (including without limitation 24 CFR Part 206).

SECTION 2. This act shall take effect upon passage.

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LC002524/SUB A

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