47-30-115 - Prohibited acts.

47-30-115. Prohibited acts.

Reverse mortgage lenders are prohibited from engaging in any of the following acts in connection with the making, servicing, or collecting of a reverse mortgage loan:

     (1)  Misrepresenting material facts, making false promises, or engaging in a course of misrepresentation through agents or otherwise;

     (2)  Failing to disburse funds in accordance with the terms of the reverse mortgage loan contract or other written commitment;

     (3)  Improperly refusing to issue a release of a mortgage;

     (4)  Engaging in any action or practice that is unfair or deceptive, or that operates a fraud on any person;

     (5)  Contracting for or receiving shared appreciation, except that this provision shall not apply to any Fannie Mae Reverse Mortgage Loan;

     (6)  Closing a reverse mortgage loan without receiving certification from a counselor that the borrower has received counseling on the advisability of a reverse mortgage loan and the appropriate reverse mortgage loan for the borrower; or

     (7)  Failing to comply with this chapter.

[Acts 1993, ch. 410, § 16; 1997, ch. 286, § 11.]