3 CRR-NY 79.8NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 3. BANKING
CHAPTER I. GENERAL REGULATIONS OF THE SUPERINTENDENT
PART 79. REVERSE MORTGAGE LOANS
3 CRR-NY 79.8
3 CRR-NY 79.8
79.8 Permitted fees, costs and payments.
(a) At the time of taking an application, and at no time prior, lenders or brokers may charge the following costs and fees, as applicable, and none other, provided that the disclosures required by section 79.9(a) of this Part have been provided to each applicant, and that the costs and fees are fully disclosed, reasonably related to the services provided to or performed on behalf of the applicant, and, when applicable, whether any cost or fee charged to the applicant for a service to be provided by a third-party provider is actually paid by the lender or broker to a third-party provider:
(1) an application fee, provided that:
(i) the amount, along with whether the fee is non-refundable, is fully disclosed prior to the taking of an application; and
(ii) the fee is not derived as a percentage of the principal amount of the loan or amount financed;
(2) the cost of appraising or surveying the property once; and
(3) the cost of a credit report.
(b) At the time of closing, and at no time prior, other than principal, interest, shared appreciation and equity participation, lenders or brokers may charge, in connection with the origination of reverse mortgage loans, the following fees, costs and payments, as applicable, and none other, provided that such fees, costs and payments have been disclosed pursuant to section 79.9 of this Part, are reasonably related to the services provided to or performed on behalf of the applicant, and provided further that, when applicable, the costs or payments are actually paid by the lender or broker to a third-party provider:
(1) a loan origination fee;
(2) the cost of document preparation;
(3) the cost of a title examination, an abstract of title and title insurance;
(4) the cost of a search for tax liens existing at the time of closing if such search is not included in the title examination;
(5) the payment to discharge any existing liens on the real property securing the loan;
(6) the cost of recording the reverse mortgage loan;
(7) the cost of actual attorney’s fees charged in connection with the closing of such loan;
(8) the cost of a flood zone search;
(9) the cost of an inspection to be paid in connection with the origination of the loan but not subsequent to the loan closing;
(10) the payment for any repairs contracted for at or before the loan closing irrespective of whether such repairs are completed at time of closing and/or whether the funds have been set aside;
(11) a one-time payment for a tax reporting service;
(12) the cost of purchasing mortgage insurance;
(13) the payment of real estate taxes and property insurance; and
(14) the cost of mortgage brokerage services, not to exceed three points based on the value of the real property securing the reverse mortgage loan at the time of loan closing, as such service is defined in Part 38 of this Title and which service is rendered by a person or entity authorized by article 12-D of the Banking Law.
(c) At termination of the loan, mortgagees may charge a termination or maturity fee, which shall be no more than the actual cost of arranging for the sale or court-approved foreclosure of the real property securing the loan. Such fee may include actual broker’s fees, advertising costs, moving and/or storage costs and legal and other fees representing actual fees or costs charged to the mortgagee.
(d) Mortgagees may not charge any fees for the establishment, maintenance or termination of set aside account with respect to any reverse mortgage loan.
(e) Nothing herein shall be construed as prohibiting the inclusion of any fees or charges in an insurance claim related to such reverse mortgage loan.
3 CRR-NY 79.8
Current through January 31, 2023
End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.