New York State Assembly

 
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A05820 Summary:

A05820 Actions:

A05820 Committee Votes:

Committee:JUDICIARY   Chair:Weinstein      
DATE:05/09/2017AYE/NAY:19/2  Action: Favorable refer to committee Codes        
Weinstein
Aye
Palumbo
Nay
Dinowitz
Aye
Montesano
Aye
Titus
Aye
Barclay
Aye
Lavine
Aye
Goodell
Nay
Zebrowski
Aye
Graf
Aye
Weprin
Aye
Lupinacci
Aye
Braunstein
Aye
Simotas
Aye
Quart
Aye
Titone
Aye
Buchwald
Aye
Steck
Aye
Seawright
Aye
Simon
Aye
Joyner
Aye

Committee:CODES   Chair:Lentol      
DATE:05/16/2017AYE/NAY:22/0  Action: Favorable         
Lentol
Aye
Graf
Aye
Schimminger
Aye
Giglio
Aye
Weinstein
Aye
McKevitt
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Ra
Aye
Cymbrowitz
Aye
Morinello
Aye
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye

A05820 Floor Votes:

A05820 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5820--A
                                                                Cal. No. 414
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 16, 2017
                                       ___________
 
        Introduced  by  M.  of A. WEINSTEIN, MOSLEY, ABBATE, COLTON, CYMBROWITZ,
          GALEF, ZEBROWSKI,  JOYNER,  ORTIZ,  RIVERA,  BLAKE,  GLICK,  DINOWITZ,
          CARROLL, D'URSO, STECK, HYNDMAN, RICHARDSON, DAVILA, AUBRY, SEAWRIGHT,
          ABINANTI,  WALLACE,  CAHILL  --  Multi-Sponsored  by -- M. of A. COOK,
          ENGLEBRIGHT, NOLAN, SIMON, THIELE -- read once  and  referred  to  the
          Committee  on  Judiciary  --  ordered  to a third reading, amended and
          ordered reprinted, retaining its place on the order of third reading
 
        AN ACT to amend the real property law,  in  relation  to  regulation  of
          reverse  mortgages  issued  under  the  federal home equity conversion
          mortgage for seniors program
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  real property law is amended by adding a new section
     2  280-b to read as follows:
     3    § 280-b. Federal home equity conversion mortgage regulation. 1.    For
     4  the purposes of this section, the following terms shall have the follow-
     5  ing meanings:
     6    (a)  Reverse  mortgage  loan.  A  reverse  mortgage loan as defined in
     7  section two hundred eighty of this article,  which  is  issued  in  this
     8  state  pursuant  to  the  home  equity  conversion  mortgage for seniors
     9  program operated by the federal Department of Housing and Urban Develop-
    10  ment.
    11    (b) Authorized lender. An authorized lender as defined in section  two
    12  hundred  eighty  of  this  article  authorized  to make reverse mortgage
    13  loans, as defined in this section.
    14    (c) Superintendent. The superintendent of  financial  services  estab-
    15  lished  pursuant  to  section  two hundred two of the financial services
    16  law.
    17    2. No authorized lender or any other party  or  entity  shall  in  any
    18  manner,  in  the marketing or offering of reverse mortgage loans, engage
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07787-08-8
        A. 5820--A                          2
 
     1  in any unfair or deceptive practices in connection with the marketing or
     2  offering of reverse mortgage loans, and, additionally, shall not:
     3    (a)  use  the  words  "public service announcement" in any commercial,
     4  mailing, advertisement or writing relating thereto; or
     5    (b) use the words  "government  insured"  or  other  similar  language
     6  representing  that  reverse  mortgage  loans  are insured, supported and
     7  sponsored by any governmental entity in any commercial, mailing,  adver-
     8  tisement or writing relating thereto; or
     9    (c) represent that any such loan is other than a commercial product.
    10    3.  (a)  Every  authorized lender or its agent shall provide, with any
    11  solicitation for reverse mortgage products mailed to a physical  address
    12  within the state, supplemental consumer protection materials the content
    13  and form of which shall be specified by the superintendent or his or her
    14  designee.
    15    (b)  Every authorized lender shall provide each applicant or potential
    16  applicant for a reverse mortgage loan  with  the  telephone  number  and
    17  internet  website  address provided by the federal Department of Housing
    18  and Urban Development for the purposes of acquiring home equity  conver-
    19  sion mortgage counseling.
    20    (c)  The  superintendent  is  authorized  to promulgate such rules and
    21  regulations  as  he  or  she  shall  deem  necessary  to  implement  the
    22  provisions of this subdivision.
    23    4.  (a)  Reverse mortgages secured by residential real property within
    24  the state shall be subject to the rules and regulations of  the  federal
    25  Department  of Housing and Urban Development relating to the home equity
    26  conversion mortgage program.
    27    (b) For all borrowers whose tax payments, mortgage insurance payments,
    28  homeowners insurance payments, or payments stemming from any other prop-
    29  erty obligation or obligations are administered by the authorized  lend-
    30  er,  and where these payments are derived from the proceeds of the mort-
    31  gage, the authorized lender shall provide  on  the  borrower's  periodic
    32  account  statement  the current balance remaining in the borrower's line
    33  of credit or lifetime expectancy set aside, the projected annual proper-
    34  ty charges for that year, and a notice which reads in  at  least  twelve
    35  point  type:  "YOUR  TAXES AND INSURANCE ARE CURRENTLY BEING PAID BY THE
    36  PROCEEDS OF THIS MORTGAGE. THE  FUNDS  THAT  HAVE  BEEN  SET  ASIDE  ARE
    37  EXPECTED TO BE EXHAUSTED AFTER THE TAX AND INSURANCE PAYMENTS OF (SPECI-
    38  FY EXPECTED MONTH AND YEAR). IF THE PROCEEDS OF THIS MORTGAGE CANNOT PAY
    39  THE TAXES AND INSURANCE, YOU MUST PAY THESE OBLIGATIONS OR YOUR HOME MAY
    40  BE  LOST  TO  FORECLOSURE. PLEASE NOTE THAT AS TAX AND INSURANCE AMOUNTS
    41  CAN VARY YOU SHOULD CONTINUE TO REVIEW THIS NOTICE FOR CHANGES."
    42    (c) An authorized lender shall, by telephone  and  first  class  mail,
    43  inform  and  provide  notice  to a mortgagor when his or her home equity
    44  line of credit or life expectancy set aside is depleted to  ten  percent
    45  or  less  of its value. Such notice shall inform the mortgagor of his or
    46  her obligations relating to such real property including, but not limit-
    47  ed to, mortgage insurance, homeowners insurance and real property  taxes
    48  previously paid by such line of credit or life expectancy set aside, and
    49  that such obligations must continue to be paid when the home equity line
    50  of  credit  or life expectancy set aside is depleted.  Such notice shall
    51  use plain language, written in a clear and coherent manner  using  words
    52  with  common and every day meanings, appropriately divided and captioned
    53  by its various sections.
    54    (d) Each authorized lender shall, by telephone and first  class  mail,
    55  inform  and  provide  notice  to a mortgagor when his or her home equity
    56  line of credit or life expectancy set aside  is  depleted.  Such  notice
        A. 5820--A                          3
 
     1  shall  inform  the  mortgagor  of his or her obligations relating to the
     2  mortgaged real property including, but not limited to,  mortgage  insur-
     3  ance,  homeowners  insurance  and real property taxes, and that the home
     4  equity  line  of  credit or life expectancy set aside will no longer pay
     5  these obligations.  Such notice shall use plain language, written  in  a
     6  clear  and  coherent  manner using words with common and every day mean-
     7  ings, appropriately divided and captioned by its various sections.
     8    5. No authorized lender shall make an advance payment  for  any  obli-
     9  gation arising from mortgaged real property. Furthermore, in the event a
    10  mortgagor defaults upon the payment of mortgage insurance premium, home-
    11  owners'  insurance premium or real property tax related to the mortgaged
    12  property, the authorized lender may only pay those premiums and/or taxes
    13  which are in arrears.
    14    6. In the event that an authorized lender  seeks  to  foreclose  on  a
    15  reverse  mortgage  loan on the basis that the mortgaged real property is
    16  no longer the primary residence of or  occupied  by  the  mortgagor,  if
    17  during  the  verification  of  the  mortgagor's primary residence and/or
    18  occupancy no responses are received in  response  to  mailings  relating
    19  thereto,  such  lender  shall  cause  a telephone call to be made to the
    20  mortgagor, or if the mortgagor is unreachable by telephone, a designated
    21  third-party specified by the mortgagor, and an in  person  visit  to  be
    22  made to the mortgagor at the mortgaged real property to be made prior to
    23  the  commencement of any foreclosure proceeding.  During such visit, the
    24  authorized lender or its agent shall provide clear information as to who
    25  they are, that the visit pertains to the reverse  mortgage,  the  reason
    26  for  the home visit, and the telephone number to call for further infor-
    27  mation.  The authorized lender must wait at least thirty days  following
    28  such  visit,  in  addition to any additional time or notice requirements
    29  specified by any other provision of law, before initiating a foreclosure
    30  action on the basis that the mortgaged real property is  no  longer  the
    31  primary  residence  of  the  mortgagor.  If  the  mortgagor contacts the
    32  authorized lender and provides proof of  residence  or  occupancy  after
    33  such  visit  but  before  the  commencement of a foreclosure action, the
    34  authorized lender shall  be  barred  from  initiating  such  foreclosure
    35  action.   Furthermore, no authorized lender shall charge a mortgagor any
    36  fee for any such visit and inspection. This prohibition on  the  imposi-
    37  tion  of  fees  shall  include  any and all inspections conducted by the
    38  authorized lender to verify the status of the reverse mortgage,  or  any
    39  suspected or actual default condition.
    40    7.  Both  the authorized lender and the mortgagor shall be represented
    41  by an attorney or attorneys at the time of the closing  on  the  reverse
    42  mortgage,  and  each such party shall have at least one attorney present
    43  to conduct the closing.
    44    8. Any person who has been injured by reason of any violation of  this
    45  section  or  any  violation  of the rules and regulations of the federal
    46  Department of Housing and Urban Development relating to the home  equity
    47  conversion  mortgage  program may bring an action in his or her own name
    48  to recover treble  his  or  her  actual  damages,  plus  the  prevailing
    49  plaintiff's reasonable attorney's fees.
    50    9.  Compliance with the provisions of this section shall be conditions
    51  precedent to commencing an  action  to  foreclose  upon  a  home  equity
    52  conversion  mortgage which is subject to the provisions of this section,
    53  and the failure to comply therewith shall be a  complete  defense  to  a
    54  foreclosure action.
    55    §  2.  This  act shall take effect on the ninetieth day after it shall
    56  have become a law; provided, that, effective immediately the superinten-
        A. 5820--A                          4
 
     1  dent of financial services is authorized  and  directed  to  amend,  add
     2  and/or  repeal  any  rules  and  regulations  necessary to implement the
     3  provision of this act within 180 days after this act shall have become a
     4  law.