S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5822
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2017
                                ___________
 
 Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the real property law, in relation to the  provision  of
   certain  information  to  mortgagors 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:
 
   Section  1.  The  real property law is amended by adding a new section
 280-e to read as follows:
   § 280-E. FEDERAL HOME EQUITY CONVERSION MORTGAGE  INFORMATION  SUMMARY
 SHEET.  1.  FOR  THE  PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A) REVERSE MORTGAGE LOAN. A  REVERSE  MORTGAGE  LOAN  AS  DEFINED  IN
 SECTION  TWO  HUNDRED  EIGHTY  OF  THIS ARTICLE, WHICH IS ISSUED IN THIS
 STATE PURSUANT TO  THE  HOME  EQUITY  CONVERSION  MORTGAGE  FOR  SENIORS
 PROGRAM OPERATED BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOP-
 MENT.
   (B)  AUTHORIZED LENDER. AN AUTHORIZED LENDER AS DEFINED IN SECTION TWO
 HUNDRED EIGHTY OF THIS  ARTICLE  AUTHORIZED  TO  MAKE  REVERSE  MORTGAGE
 LOANS, AS DEFINED IN THIS SECTION.
   (C) MORTGAGOR. A MORTGAGOR AS DEFINED IN SECTION TWO HUNDRED EIGHTY OF
 THIS ARTICLE.
   (D)  DEPARTMENT.  THE  DEPARTMENT  OF  FINANCIAL  SERVICES ESTABLISHED
 PURSUANT TO SECTION ONE HUNDRED TWO OF THE FINANCIAL SERVICES LAW.
   2. THE DEPARTMENT SHALL ESTABLISH AND DISTRIBUTE TO  AUTHORIZED  LEND-
 ERS,  AND  PERIODICALLY  UPDATE, A NEW YORK STATE HOME EQUITY CONVERSION
 INFORMATION SUMMARY. SUCH SUMMARY SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) NOTICE THAT REVERSE MORTGAGE LOANS ARE NOT FREE OR COST FREE,  AND
 SUCH  LOANS  HAVE  ASSOCIATED  COSTS  THAT ARE INCLUDED IN THE FINANCING
 THEREOF;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07905-04-7
              

 A. 5822                             2
 
   (B) A SCHEDULE OF PAYMENTS TO BE MADE TO AND FROM THE  MORTGAGOR,  AND
 THE  TOTAL PAYMENT FOR BOTH THE MORTGAGEE AND THE AUTHORIZED LENDER OVER
 THE TERM OF THE REVERSE MORTGAGE LOAN CONTINGENT UPON THE TYPE  OF  SUCH
 LOAN BEING OFFERED;
   (C)  A  STATEMENT ADVISING MORTGAGORS TO CONSULT WITH LICENSED PROFES-
 SIONALS REGARDING THE TAX AND ESTATE PLANNING  CONSEQUENCES  OF  REVERSE
 MORTGAGE LOANS;
   (D)  WHERE APPLICABLE, A DESCRIPTION OF THE PREPAYMENT AND REFINANCING
 PROVISIONS OF THE REVERSE MORTGAGE LOAN;
   (E) AN EXPLANATION AND ITEMIZATION OF THE POTENTIAL COSTS  OF  REVERSE
 MORTGAGE  LOANS, INCLUDING THE RATE OF INTEREST AND TOTAL INTEREST PAYA-
 BLE ON SUCH LOAN;
   (F) A SUMMARY OF ACTIONS OR CONDITIONS THAT WILL CONSTITUTE A  DEFAULT
 OF THE REVERSE MORTGAGE LOAN;
   (G)  A  SUMMARY  AND  EXPLANATION  OF  ALTERNATIVES TO ENTERING INTO A
 REVERSE MORTGAGE LOAN ON THE BASIS OF ECONOMIC HARDSHIP  INCLUDING,  BUT
 NOT  LIMITED  TO,  DIRECT  SALE  OF  THE  RESIDENCE,  SOCIAL  SAFETY NET
 PROGRAMS, DEBT CONSOLIDATION OR ECONOMIC COUNSELING;
   (H) INFORMATION ON A MORTGAGOR'S BASIC RIGHTS IN THE FORECLOSURE PROC-
 ESS;
   (I) A SUMMARY OF THE REAL PROPERTY TAX EXEMPTIONS WHICH ARE  AVAILABLE
 TO THE MORTGAGOR IN ORDER TO REDUCE HIS OR HER COST OF LIVING;
   (J)  INFORMATION ABOUT NEW YORK STATE-BASED ORGANIZATIONS THAT PROVIDE
 FEDERAL DEPARTMENT OF HOUSING AND URBAN  DEVELOPMENT  CERTIFIED  REVERSE
 MORTGAGE COUNSELING;
   (K)  INFORMATION  ON  LEGAL  ASSISTANCE AND ADVOCACY ORGANIZATIONS AND
 SERVICES WHICH PROVIDE  ASSISTANCE  TO  MORTGAGORS  IN  THE  EVENT  THAT
 COMPLICATIONS OR ISSUES ARISE RELATING TO THE REVERSE MORTGAGE LOAN; AND
   (L)  SUCH  OTHER INFORMATION AS THE DEPARTMENT SHALL DEEM NECESSARY TO
 FULLY INFORM MORTGAGORS OF THEIR RIGHTS  AND  RESPONSIBILITIES  UNDER  A
 REVERSE MORTGAGE LOAN.
   3.  NOT  LESS THAN FIVE DAYS PRIOR TO THE CLOSING UPON A REVERSE MORT-
 GAGE LOAN, THE AUTHORIZED LENDER SHALL  PROVIDE  THE  MORTGAGOR  WITH  A
 COMPLETED  NEW  YORK STATE HOME EQUITY CONVERSION INFORMATION SUMMARY IN
 DUPLICATE.   EACH MORTGAGOR SHALL SIGN  BOTH  COPIES  OF  SUCH  SUMMARY,
 ATTESTING THAT HE OR SHE HAS READ AND FULLY UNDERSTANDS THE SUMMARY. ONE
 COPY  THEREOF  SHALL  BE RETAINED BY THE AUTHORIZED LENDER AND THE OTHER
 SHALL BE RETAINED BY THE MORTGAGOR'S ATTORNEY.
   4. THE PROVISION  OF  THE  INFORMATION  SUMMARY  ESTABLISHED  BY  THIS
 SECTION IS INTEGRAL TO THE EXECUTION OF A REVERSE MORTGAGE LOAN, THUS IN
 THE ABSENCE OF SUCH A SUMMARY THE RELATED REVERSE MORTGAGE LOAN SHALL BE
 NULL AND VOID.
   5.  ANY PERSON WHO HAS BEEN INJURED BY REASON OF ANY VIOLATION OF THIS
 SECTION OR THE RULES AND REGULATIONS RELATED THERETO MAY BRING AN ACTION
 IN HIS OR HER OWN NAME TO RECOVER TREBLE HIS OR HER ACTUAL DAMAGES, PLUS
 THE PREVAILING PLAINTIFF'S REASONABLE ATTORNEYS FEE.
   6. THE SUPERINTENDENT OF FINANCIAL SERVICES IS AUTHORIZED  TO  PROMUL-
 GATE ANY RULES OR REGULATIONS HE OR SHE DEEMS NECESSARY TO IMPLEMENT THE
 PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly,  any  actions  necessary  for  the implementation of this act on its
 effective date are authorized and directed to be completed on or  before
 such date.