15 U.S.C. § 1648 — Reverse mortgages
submitted 32 years ago by Pub. L. 90-321 to r/title-15-COMMERCE-AND-TRADE · 343 words · no verdicts yet
Before a reverse mortgage closes, the creditor must give the consumer a conspicuous good-faith estimate of total projected cost as annual interest-rate tables for the required appreciation rates and periods, and must say that receiving the disclosure or signing an application does not require completion. The cost calculation must include shared appreciation, consumer costs, consumer payments, associated annuities, and limits on the consumer’s liability, including the rule for a tendered check when calculating interest and legal penalties.
(a) In general In addition to the disclosures required under this subchapter, for each reverse mortgage, the creditor* must, not less than 3 days before consummation of the transaction, disclose to the consumer in conspicuous type a good faith estimate of the projected total cost of the mortgage to the consumer expressed as a table of annual interest rates. Each annual interest rate must be based on a projected total future credit* extension balance under a projected appreciation rate for the dwelling and a term for the mortgage. The disclosure must include—
(1) statements of the annual interest rates for not less than 3 projected appreciation rates and not less than 3 credit transaction periods, as determined by the Bureau*, including—
(A) a short-term reverse mortgage;
(B) a term equaling the actuarial life expectancy of the consumer; and
(C) such longer term as the Bureau deems appropriate; and
(2) a statement that the consumer is not obligated to complete the reverse mortgage transaction merely because the consumer has received the disclosure required under this section or has signed an application for the reverse mortgage.
(b) Projected total cost In determining the projected total cost of the mortgage to be disclosed to the consumer under subsection (a), the creditor must take into account—
(1) any shared appreciation or equity that the lender will, by contract, be entitled to receive;
(2) all costs and charges to the consumer, including the costs of any associated annuity that the consumer elects or is required to purchase as part of the reverse mortgage transaction;
(3) all payments to and for the benefit of the consumer, including, in the case in which an associated annuity is purchased (whether or not required by the lender as a condition of making the reverse mortgage), the annuity payments received by the consumer and financed from the proceeds of the loan, instead of the proceeds used to finance the annuity; and
(4) any limitation on the liability of the consumer under reverse mortgage transactions (such as nonrecourse limits and equity conservation agreements).
In addition to the disclosures required under this subchapter, for each reverse mortgage, the creditor* shall, not less than 3 days prior to consummation of the transaction, disclose to the consumer in conspicuous type a good faith estimate of the projected total cost of the mortgage to the consumer expressed as a table of annual interest rates. Each annual interest rate shall be based on a projected total future credit* extension balance under a projected appreciation rate for the dwelling and a term for the mortgage. The disclosure shall include—
statements of the annual interest rates for not less than 3 projected appreciation rates and not less than 3 credit transaction periods, as determined by the Bureau*, including—
a short-term reverse mortgage;
a term equaling the actuarial life expectancy of the consumer; and
such longer term as the Bureau deems appropriate; and
a statement that the consumer is not obligated to complete the reverse mortgage transaction merely because the consumer has received the disclosure required under this section or has signed an application for the reverse mortgage.
In determining the projected total cost of the mortgage to be disclosed to the consumer under subsection (a), the creditor shall take into account—
any shared appreciation or equity that the lender will, by contract, be entitled to receive;
all costs and charges to the consumer, including the costs of any associated annuity that the consumer elects or is required to purchase as part of the reverse mortgage transaction;
all payments to and for the benefit of the consumer, including, in the case in which an associated annuity is purchased (whether or not required by the lender as a condition of making the reverse mortgage), the annuity payments received by the consumer and financed from the proceeds of the loan, instead of the proceeds used to finance the annuity; and
any limitation on the liability of the consumer under reverse mortgage transactions (such as nonrecourse limits and equity conservation agreements).
Source credit: (Pub. L. 90–321, title I, § 138, as added Pub. L. 103–325, title I, § 154(b), Sept. 23, 1994, 108 Stat. 2196; amended Pub. L. 111–203, title X, § 1100A(2), July 21, 2010, 124 Stat. 2107.)
- 1994Enacted · Pub. L. 90-321 · 108 Stat. 2196
- 2010Amended · Pub. L. 111-203 · 124 Stat. 2107
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-321 on 1994-09-23.
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