New York Codes, Rules and Regulations
Title 3 - BANKING
Chapter I - GENERAL REGULATIONS OF THE SUPERINTENDENT
Part 79 - Reverse Mortgage Loans
Section 79.8 - Permitted fees, costs and payments
Current through Register Vol. 46, No. 12, March 20, 2024
(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:
(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:
(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.