North Carolina Sets Rules for Reverse Mortgage Lenders
October 8th, 2007
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If you need a reverse mortgage you might want to encourage your state to emulate what is being done in North Carolina.
While many states seem to allow reverse mortgages from any source and through any “consultant,” North Carolina as a different approach:
“The General Assembly,” says the state, “enacted the Reverse Mortgage Act in 1991 (General Statute 53-255 et.seq.) for the purpose of making reverse mortgages a useful financial tool for elderly homeowners. With the exception of banks, savings institutions, credit unions and the North Carolina Housing Finance Agency, the Act requires that the Commissioner of Banks approve any lender which makes reverse mortgage loans in this State. Lenders such as banks which are exempt from the Act must, however, notify the Commissioner of Banks of their intent to make reverse mortgage loans in North Carolina.”
The North Carolina site has a list of lenders and counselors and also an application which shows the information they must provide.
In other words, individuals and entities which are typically unregulated providers of mortgage financing are covered under the North Carolina rule. Why is this not a good idea for all states? Wouldn’t it be a good thing to know that anyone who gets a fee, commission or other benefit from the creation of the reverse mortgage is registered with the state and meets their standards?
For more, see: http://www.nccob.org/NCCOB/Mortgage/ReverseMortgage/
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October 17th, 2007 at 11:25 am
It is always unusual when a state requires every lender except banks,credit unions, savings institutions to be regualted… Why not regulate every lender ?
October 17th, 2007 at 12:16 pm
Karl –
Thanks for your post.
Actually the reverse is true. It is the norm to have both state regulation and federal regulation.
Banks, thrifts and credit unions with national charters are regulated by the federal government. Under the concept of “preemption,” federal regulation trumps conflicting or contrary state rules. Banks, thrifts and credit unions chartered by a state would have to conform with state rules.