1     
REVERSE MORTGAGE AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Walt Brooks

5     
Senate Sponsor: Don L. Ipson

6     

7     LONG TITLE
8     General Description:
9          This bill makes changes to reverse mortgage requirements.
10     Highlighted Provisions:
11          This bill:
12          ▸     eliminates the age requirement for a reverse mortgage borrower;
13          ▸     changes the deadline for a prospective borrower to meet with an independent
14     housing counselor from before signing a reverse mortgage application to before
15     closing on a reverse mortgage; and
16          ▸     eliminates the requirement for a seven-day cooling off period.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          57-28-202, as enacted by Laws of Utah 2015, Chapter 290
24          57-28-204, as enacted by Laws of Utah 2015, Chapter 290
25     REPEALS:
26          57-28-207, as enacted by Laws of Utah 2015, Chapter 290
27     


28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 57-28-202 is amended to read:
30          57-28-202. Borrower requirements.
31          A borrower shall[: (1) be 62 years of age or older; and (2)] occupy the dwelling that
32     secures the reverse mortgage as a principal residence.
33          Section 2. Section 57-28-204 is amended to read:
34          57-28-204. Independent counseling.
35          (1) Before a prospective borrower [signs] closes on a reverse mortgage [application],
36     the prospective borrower shall meet with an independent housing counselor.
37          (2) During the meeting described in Subsection (1):
38          (a) the prospective borrower and the independent housing counselor shall discuss the
39     financial impacts of a reverse mortgage, including:
40          (i) options other than a reverse mortgage that are or may become available to the
41     prospective borrower;
42          (ii) other home equity conversion options that are or may become available to the
43     prospective borrower, including sale-leaseback financing, a deferred payment loan, and a
44     property tax deferral; and
45          (iii) the financial implications, specific to the prospective borrower, of entering into a
46     reverse mortgage; and
47          (b) the independent housing counselor shall give the prospective borrower a written
48     disclosure that states that a reverse mortgage may:
49          (i) have tax consequences;
50          (ii) affect the prospective borrower's eligibility for assistance under certain state and
51     federal programs; and
52          (iii) impact the prospective borrower's estate and heirs.
53          Section 3. Repealer.
54          This bill repeals:
55          Section 57-28-207, Cooling off period -- Closing.