Massachusetts law about reverse mortgages

A compilation of laws, regulations, cases, and web sources on reverse mortgages.

Table of Contents

Massachusetts laws

MGL c.167E, s.7 Reverse Mortgage Loans

MGL c.167E, s.7A Reverse Mortgage Loan Requirements

MGL c.171, s.65C Credit Unions: Reverse Mortgages

MGL c.171, s.65C-1/2 Credit Unions: Reverse Mortgage Loan Requirements

MGL c.183, s.67 Limitations on Reverse Mortgages

Massachusetts regulations

209 CMR 32.33 Requirements for reverse mortgages

Federal regulations

12 CFR 226.33 Requirements for Reverse Mortgages

Selected case law

James B. Nutter & Co. v. Murphy, 478 Mass. 664 (2018)
A reverse mortgage did not contain the formal language of "statutory power of sale," but only said that the company could “invoke the power of sale and other remedies permitted by applicable law." The SJC held that, given that this was a reverse mortgage, and not a traditional mortgage, "where the lender cannot hold the borrower personally liable for the debt, and where the lender’s only recourse on default is to obtain repayment through a foreclosure sale," "the only reasonable and practical interpretation of the mortgage was that it incorporated the statutory power of sale."

Web sources

Approved reverse mortgage lenders and loan programs, Massachusetts Division of Banks
Lists approved lenders in Massachusetts

Foreclosure of Reverse Mortgages, Nolo.com
Information on when a lender or servicer can foreclose on a reverse mortgage

Home Equity Conversion Mortgages for Seniors, US Dept. of Housing and Urban Development
Provides links to detailed information for seniors and lenders

Industry Guidance on Reverse Mortgage Loans, Massachusetts Division of Banks 
"Information for banks, credit unions, and lenders seeking to make reverse mortgage loans in the Commonwealth."

Spouses Not Named on Reverse Mortgages are (Sometimes) Protected from Foreclosure, Nolo

Reverse Mortgage Book: Everything You Need to Know Explained Simply, Atlantic Publishing, 2008
Detailed coverage of the various types of reverse mortgages. Requires library card for access.

Reverse mortgage loans, Massachusetts Division of Banks
Provides information on issues to consider and steps that must be taken to get a reverse mortgage loan

Reverse Mortgages, AARP
Discusses the advantages and disadvantages of reverse mortgages, how they work, and other options to consider

A Risky Lifeline for the Elderly is Costing Some Their Homes, NY Times, October 14, 2012
Outlines the pitfalls of reverse mortgages

Print sources

Mortgage Lending, NCLC, Chapter 9

Contact

Phone

Within Massachusetts only

Within Massachusetts only

Online

Reference librarians online Chat with a law librarian 
Reference librarians via email masslawlib@gmail.com

Address

Administrative office (no law library at this location)
2 Center Plaza
9th Floor
Boston, MA 02108
Last updated: August 2, 2018

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