12 C.F.R. § 226.33

Requirements for reverse mortgages

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(a) Definition. For purposes of this subpart, reverse mortgage transaction means a nonrecourse consumer credit obligation in which:

(1) A mortgage, deed of trust, or equivalent consensual security interest securing one or more advances is created in the consumer's principal dwelling; and

(2) Any principal, interest, or shared appreciation or equity is due and payable (other than in the case of default) only after:

(i) The consumer dies;

(ii) The dwelling is transferred; or

(iii) The consumer ceases to occupy the dwelling as a principal dwelling.

(b) Content of disclosures. In addition to other disclosures required by this part, in a reverse mortgage transaction the creditor shall provide the following disclosures in a form substantially similar to the model form found in paragraph (d) of appendix K of this part:

(1) Notice. A statement that the consumer is not obligated to complete the reverse mortgage transaction merely because the consumer has received the disclosures required by this section or has signed an application for a reverse mortgage loan.

(2) Total annual loan cost rates. A good-faith projection of the total cost of the credit, determined in accordance with paragraph (c) of this section and expressed as a table of “total annual loan cost rates,” using that term, in accordance with appendix K of this part.

(3) Itemization of pertinent information. An itemization of loan terms, charges, the age of the youngest borrower and the appraised property value.

(4) Explanation of table. An explanation of the table of total annual loan cost rates as provided in the model form found in paragraph (d) of appendix K of this part.

(c) Projected total cost of credit. The projected total cost of credit shall reflect the following factors, as applicable:

(1) Costs to consumer. All costs and charges to the consumer, including the costs of any annuity the consumer purchases as part of the reverse mortgage transaction.

(2) Payments to consumer. All advances to and for the benefit of the consumer, including annuity payments that the consumer will receive from an annuity that the consumer purchases as part of the reverse mortgage transaction.

(3) Additional creditor compensation. Any shared appreciation or equity in the dwelling that the creditor is entitled by contract to receive.

(4) Limitations on consumer liability. Any limitation on the consumer's liability (such as nonrecourse limits and equity conservation agreements).

(5) Assumed annual appreciation rates. Each of the following assumed annual appreciation rates for the dwelling:

(i) 0 percent.

(ii) 4 percent.

(iii) 8 percent.

(6) Assumed loan period. (i) Each of the following assumed loan periods, as provided in appendix L of this part:

(A) Two years.

(B) The actuarial life expectancy of the consumer to become obligated on the reverse mortgage transaction (as of that consumer's most recent birthday). In the case of multiple consumers, the period shall be the actuarial life expectancy of the youngest consumer (as of that consumer's most recent birthday).

(C) The actuarial life expectancy specified by paragraph (c)(6)(i)(B) of this section, multiplied by a factor of 1.4 and rounded to the nearest full year.

(ii) At the creditor's option, the actuarial life expectancy specified by paragraph (c)(6)(i)(B) of this section, multiplied by a factor of .5 and rounded to the nearest full year.

Notes of Decisions

Cited in 9 cases, 2009–2016 · leading case: U.S. Bank Nat. Assn as Tr. v. Naifeh, 1 Cal. App. 5th 767 (Cal. Ct. App. 2016).

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U.S. Bank Nat. Assn as Tr. v. Naifeh, 1 Cal. App. 5th 767 (Cal. Ct. App. 2016). “Naifeh’s Notice of Rescission After the notice of trustee’s sale, Naifeh sent a letter to CRC on July 18, 2009, with copies to the “CFO” of WaMu and the “CFO” of Chase, notifying them that she and Ristic were rescinding the loan pursuant to “Regulation Z” (12 C.FR. § 226.33(b)…”

Brown Ex Rel. Richards v. Brown, 239 P.3d 602 (Wash. Ct. App. 2010). “41(a) and 12 C.F.R. section 226.33(a) requirements for independent credit counseling and primary residence.”

Brown v. Brown, 157 Wash. App. 803 (Wash. Ct. App. 2010). “41(a) and 12 C.F.R. section 226.33(a) requirements for independent credit counseling and primary residence.”

In re Michaud, 548 B.R. 582 (Bankr. S.D. Florida 2016). “” 12 C.F.R. § 226.33 . In this case, the original borrower died prepetition, and therefore the reverse mortgage became due and payable prepetition for § 1322(c) purposes.”

In Re Katz, 981 A.2d 1133 (Del. 2009). “§ 1635 ; 12 C.F.R. §§ 226.33 ,.31, .32. [3] See 15 U.”

In re a Member of the Bar of the Supreme Court of the State: Katz, 981 A.2d 1133 (Del. 2009). “This Opinion shall be disseminated by the ODC in accordance with Rule 14 of the Delaware Lawyers’ Rules of Disciplinary Procedure.”

U.S. Bank Nat. Assn. v. Naifeh (Cal. Ct. App. 2016). “Naifeh’s Notice of Rescission After the notice of trustee’s sale, Naifeh sent a letter to CRC on July 18, 2009, with copies to the “CFO” of WaMu and the “CFO” of Chase, notifying them that she and Ristic were rescinding the loan pursuant to “Regulation Z” ( 12 C.F.R. § 226.33…”

Fermin v. Fin. Freedom Senior Funding Corp., 413 F. App'x 728 (5th Cir. 2011). “He also makes several unenumerated assertions, including that (a) the district court overruled his objection regarding the liability of assignees; (b) the order that he pay the defendant’s attorneys’ fees was not authorized under Texas law; (c) Financial Freedom failed to comply…”

Cadet v. James B. Nutter & Co., 133 A.D.3d 561 (N.Y. App. Div. 2015). “However, pursuant to federal regulations (see 12 CFR 226.33 [c] [6]), the total amount of money that Nutter could lend was limited, in part, by the age of the plaintiff, who was the younger spouse.”

— 12 C.F.R. § 226.33(a) — 2 cases

Brown Ex Rel. Richards v. Brown, 239 P.3d 602 (Wash. Ct. App. 2010). “41(a) and 12 C.F.R. section 226.33(a) requirements for independent credit counseling and primary residence.”

Brown v. Brown, 157 Wash. App. 803 (Wash. Ct. App. 2010). “41(a) and 12 C.F.R. section 226.33(a) requirements for independent credit counseling and primary residence.”

— 12 C.F.R. § 226.33(b) — 1 case

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