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Private Reverse Mortgage Contract Template for United States

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Key Requirements PROMPT example:

Private Reverse Mortgage Contract

"Need a Private Reverse Mortgage Contract for a senior couple in Florida who owns a $750,000 property and wants to access their home equity through monthly disbursements, with specific provisions for property maintenance and hurricane insurance requirements."

Document background
The Private Reverse Mortgage Contract serves as a crucial financial instrument for senior homeowners seeking to access their home equity without selling their property or making monthly payments. This document, governed by U.S. federal and state regulations, outlines the terms under which a private lender provides funds secured by residential property. Unlike government-insured reverse mortgages, Private Reverse Mortgage Contracts offer more flexibility in loan amounts and property types but must still comply with consumer protection laws, disclosure requirements, and state-specific lending regulations. The agreement typically includes detailed provisions for loan disbursement, property maintenance obligations, default conditions, and repayment triggers.
Suggested Sections

1. Parties: Identification of lender and borrower(s), including full legal names and addresses

2. Background: Context of the reverse mortgage agreement, property details, and purpose of the arrangement

3. Definitions: Key terms used throughout the agreement including 'Principal Limit', 'Property Charges', 'Maturity Event'

4. Loan Terms: Principal amount, interest rate calculation, payment terms and disbursement methods

5. Property Security: Details of the property serving as collateral, including legal description and security provisions

6. Borrower Obligations: Requirements for taxes, insurance, property maintenance, and occupancy requirements

7. Default Provisions: Circumstances constituting default and available remedies to the lender

8. Maturity Events: Conditions triggering loan repayment including death, sale, or permanent relocation

Optional Sections

1. Line of Credit Provisions: Terms for accessing funds as needed, including draw procedures and availability periods

2. Repair Set-Aside: Terms for required property repairs, including timeline and fund allocation

3. Power of Attorney: Authorization provisions for designated representative including scope and limitations

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the mortgaged property

2. Schedule B - Payment Schedule: Details of payment terms, calculations, and amortization schedule

3. Schedule C - Required Disclosures: Federal and state-mandated disclosure forms

4. Schedule D - Insurance Requirements: Detailed insurance obligations and minimum coverage requirements

5. Schedule E - Borrower Counseling Certificate: Documentation proving completion of required counseling sessions

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Truth in Lending Act (TILA) and Regulation Z: Federal regulation requiring specific disclosure requirements and right of rescission provisions for consumer credit transactions including reverse mortgages

Home Equity Conversion Mortgage (HECM) Regulations: Federal guidelines for reverse mortgages that, while specifically for FHA-insured loans, provide important baseline standards for private reverse mortgages

Real Estate Settlement Procedures Act (RESPA): Federal law governing real estate settlement processes and requiring specific disclosure obligations in real estate transactions

Equal Credit Opportunity Act (ECOA): Federal legislation establishing anti-discrimination provisions and fair lending requirements in credit transactions

Fair Housing Act: Federal law prohibiting discrimination in housing-related transactions, including mortgage lending, with specific protected classes

State Mortgage Lending Laws: State-specific regulations covering licensing requirements, interest rate restrictions, and foreclosure procedures for mortgage lending

State Consumer Protection Laws: State-level regulations including disclosure requirements, cooling-off periods, and anti-predatory lending provisions

State Property Laws: State-specific laws governing property rights, recording requirements, and lien priorities

State Elder Protection Laws: State regulations providing special protections for senior citizens, including additional disclosure requirements and counseling provisions for reverse mortgages

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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