Sec. 35. Reverse mortgages; certification requirements.

500 words·~2 min read·/il/chapter-765/act-945/35

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)No reverse mortgage commitment may be made unless all lenders involved in brokering and making the reverse mortgage loan certify, in writing, that:

(1)the borrower has received from the lender the educational document prepared by the

Office of the Attorney General required in subsection

(a)of Section 15 and the document required in subsection

(b)of Section 15 regarding the availability of counseling services on reverse mortgages;

(2)the borrower has received from the lender, at the time a written commitment was made

to the applicant to provide a reverse mortgage loan, the disclosure document required in Section 20 regarding the 3-day cooling-off period and that at least 3 business days have passed since the document was provided; the certification shall also include the date the cooling-off period disclosure was provided;

(3)the reverse mortgage loan does not include any current or future requirement for the

applicant to purchase an annuity, investment, life insurance, or long-term care insurance product; however, nothing in this paragraph

(3)shall preclude a lender from requiring the borrower to purchase property and casualty insurance, title insurance, flood insurance, or other such products meant to insure or protect the value of the home or the lender's lien and that are customary for residential mortgage or reverse mortgage transactions;

(4)no offer of an annuity was made to the borrower before the closing of the reverse

mortgage or will be before the expiration of the right of the borrower to rescind the reverse mortgage loan;

(5)the borrower was not referred to anyone for the purchase of an annuity before the

closing of the reverse mortgage or will be before the expiration of the right of the borrower to rescind the reverse mortgage loan;

(6)the borrower was not provided marketing information or annuity sales leads to anyone

regarding the prospective borrower or borrower before the closing of the reverse mortgage or will be before the expiration of the right of the borrower to rescind the reverse mortgage loan; and

(7)to their knowledge, no person, other than a borrower's spouse or partner, who

directly or indirectly facilitates, processes, negotiates, assists, encourages, arranges, or otherwise induces consumers to take out a reverse mortgage with a lender has received or will receive any portion of the loan proceeds for any service or product, including for services that fall under the Home Repair and Remodeling Act, other than that for bona fide fees for origination of the loan.

This Section shall not prohibit disbursements of loan proceeds in compliance with guidelines under the Federal Housing Administration's Home Equity Conversion Mortgage Program, including uses defined as mandatory obligations, nor shall it prohibit a borrower from using the loan proceeds to purchase products or services from a lender that is a financial institution in the ordinary course of the financial institution's business.

(b)The lender shall maintain the certification in an accurate, reproducible, and accessible format for the term of the reverse mortgage.