Current through Register 1527, August 2, 2024
Section 55.03 - Requirement For Mortgagor to Affirmatively Opt in Writing(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.