Loading chat...

NY S04407

Bill

Status

Passed

12/6/2019

Primary Sponsor

Andrew Gounardes

Click for details

Origin

Senate

2019-2020 General Assembly

AI Summary

  • Prohibits authorized lenders from using misleading language such as "public service announcement," "government insured," or similar terms in marketing reverse mortgages, and requires them to clearly identify reverse mortgages as commercial products.

  • Requires authorized lenders to provide supplemental consumer protection materials with solicitations, the telephone number and website for federal Department of Housing and Urban Development counseling, and clear periodic account statements showing remaining line of credit balance and projected annual property charges.

  • Mandates that authorized lenders notify mortgagors by telephone and first-class mail when equity line of credit or life expectancy set-aside reaches 10% or less of value, and again when fully depleted, informing them of continuing obligations for taxes, insurance, and mortgage insurance.

  • Prohibits advance payments on property obligations and restricts lenders to paying only past-due amounts; requires an in-person visit and 30-day waiting period before foreclosing based on non-occupancy, and prohibits charging fees for property inspections or visits.

  • Requires both authorized lenders and mortgagors to be represented by attorneys at loan closing, and allows injured parties to recover treble damages plus attorney's fees for violations; establishes that lender compliance with these provisions is a prerequisite to foreclosure actions.

Legislative Description

Provides for the regulation of reverse mortgages that are issued under the federal home equity conversion mortgage program; prohibits the deceptive advertising and issuance of such mortgages; requires that independent counseling be provided to applicants for such mortgages; requires lenders to provide notice of duty of mortgagor to pay certain property related expenses when equity in the real property is low or depleted; prohibits foreclosure on mortgaged property based on the failure of the mortgagor to live on the property, until an inspection has been made at the property; establishes a proved right of action with treble damages for violations of such provisions.

Last Action

approval memo.27

12/6/2019

Committee Referrals

Aging5/15/2019
Codes4/30/2019
Judiciary2/14/2019
Aging3/11/2019

Full Bill Text

No bill text available