In this chapter, unless the context otherwise requires:
- 1. "Agreement" means the document that on execution obligates the borrower and originator under the reverse mortgage.
- 2. "Dwelling" means a residence that is designed principally for at least one and not more than four families in which the borrower occupies at least one of the units.
- 3. "Housing counseling agency" means an agency that is approved by the United States department of housing and urban development to provide reverse mortgage counseling.
- 4. "Originator" means a person who regularly makes or brokers reverse mortgages, including a creditor or broker.
5. "Reverse mortgage" means a nonrecourse consumer credit obligation to which all of the following apply:
- (a) A mortgage, deed of trust or equivalent consensual security interest securing one or more advances is created in the borrower's principal dwelling.
- (b) Any principal, interest or shared appreciation or equity is due and payable only after the borrower dies, the dwelling is transferred or the borrower ceases to occupy the dwelling as a principal dwelling. This subdivision does not apply in the case of default.
(c) Cash advances may be provided to a borrower:
- (i) Based on the equity or the value in the borrower's owner occupied principal residence.
- (ii) If loan proceeds are used by the borrower to purchase the borrower's dwelling that secures the reverse mortgage.
- (d) The consumer credit obligation is not a home equity conversion mortgage insured by the federal housing authority.