CHAPTER 335

FORMERLY

HOUSE BILL NO. 475

AN ACT TO AMEND CHAPTERS 21 AND 22, TITLE 5 OF THE DELAWARE CODE RELATING TO REVERSE MORTGAGES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 21, Title 5 of the Delaware Code by adding a new section 2118 to read as follows:

Ҥ 2118. Reverse Mortgages.

(a) For purposes of this section, unless the context requires otherwise:

(1) ‘Independent housing counselor’ means a housing counseling agency approved by the United States Department of Housing and Urban Development, or any government agency or non-profit organization that is not affiliated with either the reverse mortgage lender or any other person receiving a fee from the transaction and provides mortgage loan counseling to the public of this State regarding the advisability of entering into a reverse mortgage transaction.

(2) ‘reverse mortgage loan’ means a mortgage loan the proceeds of which are disbursed to the mortgagor in one or more lump sums, or in equal or unequal installments, either directly by the lender or the lender's agent, and which requires no repayment until a future time, upon the earliest occurrence of one or more events specified in the reverse mortgage loan contract.

(b) A licensee may not accept any fee in connection with a reverse mortgage loan, other than an application fee or a credit report fee, property appraisal fee, title examination fee or other bona fide third-party fee actually and reasonably paid or incurred by the licensee on behalf of the borrower, prior to receiving a written certification from an independent housing counselor attesting that the prospective borrower has received counseling on reverse mortgage loans that includes the information specified in 12 U.S.C. § 1715z-20(f) and such other information as the Commissioner may designate by regulation.”

Section 2. Amend Chapter 22, Title 5 of the Delaware Code by adding a new section 2244 to read as follows:

Ҥ 2244. Reverse Mortgages.

(a) For purposes of this section, unless the context requires otherwise:

(1) ‘Independent housing counselor’ means a housing counseling agency approved by the United States Department of Housing and Urban Development, or any government agency or non-profit organization that is not affiliated with either the reverse mortgage lender or any other person receiving a fee from the transaction and provides mortgage loan counseling to the public of this State regarding the advisability of entering into a reverse mortgage transaction.

(2) ‘reverse mortgage loan’ means a mortgage loan, as defined by § 2101(4) of this Title, the proceeds of which are disbursed to the mortgagor in one or more lump sums, or in equal or unequal installments, either directly by the lender or the lender's agent, and which requires no repayment until a future time, upon the earliest occurrence of one or more events specified in the reverse mortgage loan contract.

(b) A licensee shall not finalize a reverse mortgage loan until it has received a written certification from an independent housing counselor attesting that the prospective borrower has received counseling on reverse mortgage loans that includes the information specified in 12 U.S.C. § 1715z-20(f) and such other information as the Commissioner may designate by regulation.”

Section 3. This Act shall become effective three (3) months after enactment.

Approved July 9, 2008