Code of Massachusetts Regulations
209 CMR - DIVISION OF BANKS AND LOAN AGENCIES
Title 209 CMR 55.00 - Reverse Mortgage Loans
Section 55.03 - Requirement For Mortgagor to Affirmatively Opt in Writing
Universal Citation: 209 MA Code of Regs 209.55
Current through Register 1531, September 27, 2024
(1) No mortgagee shall make a reverse mortgage loan to a mortgagor unless the mortgagor affirmatively opts in writing for the reverse mortgage in accordance with the following requirements:
(a) The mortgagee shall provide the mortgagor
with a form of written notice "Opt in Form", segregated from all other
information, setting forth important information about reverse mortgage loans,
to be completed by the mortgagor to affirmatively consent, or opt in, to the
reverse mortgage loan transaction.
(b) The mortgagee shall provide the Opt in
Form to the mortgagor after the mortgagor has completed the required reverse
mortgage counseling through a Counselor and a written certification of
completion has been provided to the mortgagee.
(c) The content of the Opt in Form shall
strictly conform to the form as set forth in
209
CMR 55.06.
(d) A mortgagor must sign the Opt in Form and
return it to the mortgagee prior to the mortgagee's issuance of a written
commitment to make the reverse mortgage loan.
(e) A mortgagor may revoke his or her
affirmative consent and elect not to proceed with the reverse mortgage loan at
any time prior to the closing by providing oral or written notice to the
mortgagee. In the event the mortgagor elects to revoke consent, the mortgagor
shall be entitled to all fees paid to the mortgagee.
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