§ 206.41 - Counseling.

§ 206.41 Counseling.

(a) List provided. At the time of the initial contact with the prospective mortgagorborrower, the mortgagee shall give the mortgagor borrower a list of the names, addresses, and telephone numbers of housing HECM counselors and their employing agencies, which have been approved by the SecretaryCommissioner, in accordance with subpart E of this part, as qualified and able to provide the information described in paragraph (b) of this section. The mortgagor borrower, any Eligible or Ineligible Non-Borrowing Spouse, and any non-borrowing owner must receive counseling.

(b) Information to be provided.

(1) A HECM counselor must discuss with the

mortgagor

borrower:

(

1

i) The information required by section 255(f) of the

National Housing Act

NHA;

(

2

ii) Whether the

mortgagor

borrower has signed a contract or agreement with an estate planning service firm that requires, or purports to require, the

mortgagor

borrower to pay a fee on or after closing that may exceed amounts permitted by the

Secretary

Commissioner or this part;

and

(

3

iii) If such a contract has been signed under

§ 206.41

paragraph (b)(

2)

1)(ii) of this section, the extent to which services under the contract may not be needed or may be available at nominal or no cost from other sources, including the mortgagee; and

(iv) Any other requirements determined by the Commissioner.

(2) If the HECM borrower has an Eligible Non-Borrowing Spouse, in addition to meeting the requirements of paragraph (b)(1) of this section, a HECM counselor shall discuss with the borrower and Eligible Non-Borrowing Spouse:

(i) The requirement that the Eligible Non-Borrowing Spouse must obtain ownership of the property or other legal right to remain in the property for life, upon the death of the last surviving borrower;

(ii) A failure to obtain ownership or other legal right to remain in the property for life will result in the HECM becoming due and payable and the Eligible Non-Borrowing Spouse will not receive the benefit of the Deferral Period;

(iii) The requirement that the property must be the principal residence of the Eligible Non-Borrowing Spouse prior to and after the death of the borrowing spouse;

(iv) The requirement that the Eligible Non-Borrowing Spouse fulfills all obligations of the mortgage, including the payment of property charges and upkeep of the property; and

(v) Any other requirements determined by the Commissioner.

(3) If the HECM borrower has an Ineligible Non-Borrowing Spouse, in addition to meeting the requirements of paragraph (b)(1) of this section, a HECM counselor shall discuss with the borrower and Ineligible Non-Borrowing Spouse:

(i) The Deferral Period will not be applicable;

(ii) The HECM will become due and payable upon the death of the last surviving borrower; and

(iii) Any other requirements determined by the Commissioner.

(c) Certificate. The HECM counselor will provide the mortgagor borrower with a certificate stating that the mortgagor borrower, Non-Borrowing Spouse, and non-borrowing owner, as applicable, has received counseling. The mortgagor borrower shall provide the mortgagee with a physical copy of the certificate.

(Approved by the Office of Management and Budget under control number 2528-0133)

[54 FR 24833, June 9, 1989, as amended at 61 FR 49033, Sept. 17, 1996; 64 FR 2988, Jan. 19, 1999; 74 FR 45316, Sept. 2, 2009]