SECTION 160:45-9-3. Requirements for reverse mortgages

(a)   Definition. For purposes of this subchapter, 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 -

(A)   the consumer dies;

(B)   the dwelling is transferred; or

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

(b)   Content of disclosures. In addition to other disclosures required by this chapter, 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 chapter:

(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 chapter.

(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 chapter.

(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:

(A)   0 percent.

(B)   4 percent.

(C)   8 percent.

(6)   Assumed loan period.

(A)   Each of the following assumed loan periods, as provided in appendix L of this chapter:

(i)   Two years.

(ii)   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).

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

(B)   At the creditor's option, the actuarial life expectancy specified by paragraph (c)(6)(A)(ii) of this section, multiplied by a factor of 0.5 and rounded to the nearest full year.

[Source: Added at (not published Ok Reg), eff 9-3-96 through 7-14-97 (emergency); Added at 17 Ok Reg 1587, eff 5-25-00]

Note

EDITOR’S NOTE: This emergency action was not submitted by the agency in publishable format following approval of the emergency action by the Governor on 9-3-96 and, therefore, has never been published in The Oklahoma Register.

EDITOR’S NOTE: This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new section, the section is no longer effective. Therefore, on 7-15-97 (after the 7-14-97 expiration of the emergency action), the text of section 160:45-9-3 was no longer effective, and remained as such until added by permanent action on 5-25-00.