3 CRR-NY 83.10NY-CRR
3 CRR-NY 83.10
3 CRR-NY 83.10
83.10 Fees, charges and interest rate.
(a) Holders may charge at closing, simultaneously with the execution of the shared appreciation agreement, the following fees, costs and amounts; provided, however, that the holder discloses same pursuant to section 83.7(b)(1) of this Part and provided further that the costs or payments are actually paid or will actually be paid by the holder to a third-party provider:
(1) the appraisal fee for the appraisal report of the residential property; provided, however that the holder only collects the cost actually paid for the appraisal report. If circumstances require the holder to obtain a second appraisal report on the residential property, the cost of the second appraisal report shall not be charged to the mortgagor;
(2) fees or charges relating to any transfer, mortgage recording or related tax associated with the shared appreciation mortgage modification and shared appreciation agreement;
(3) fees or premiums for title examination, abstract of title, title insurance or similar purposes;
(4) the cost of tax search for tax liens existing at the time of closing if such search is not included in the title examination;
(5) the cost of a credit report, flood zone search and purchasing mortgage insurance;
(6) attorney fees, which shall be reasonable and customary; and
(7) such other fees as may be specifically authorized by State or Federal laws and regulations governing the origination of mortgage loans or loan modifications.
(b) Interest rate determination.
The rate or rates of interest that a holder may charge or receive on a modified mortgage loan shall be the rate or rates agreed upon by the holder and the mortgagor, provided, however:
(1) that such rate or rates of interest do not exceed the rate or rates in the original pre-modified mortgage loan;
(2) the holder maintains documentation supporting the interest rate pricing, including rate sheets and pricing charts detailing the market rates and margin applied to determine the interest rate for modification purposes; and
(3) the rate or rates is/are permissible under applicable law.
3 CRR-NY 83.10
Current through January 31, 2023
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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.