---
kind: "section"
citation: "24 C.F.R. § 206.41"
title: "24"
number: "206.41"
heading: "Counseling."
url: "https://uscodex.org/cfr/24/206.41"
---

# §206.41. Counseling.

- (a) **List provided.** At the time of the initial contact with the prospective borrower, the mortgagee shall give the borrower a list of the names, addresses, and telephone numbers of HECM counselors and their employing agencies, which have been approved by the Commissioner, in accordance with [subpart E](/cfr/24/subpartE.md) of this part, as qualified and able to provide the information described in [paragraph (b)](#b) of this section. The borrower, any Eligible or Ineligible Non-Borrowing Spouse, and any non-borrowing owner must receive counseling.
- (b) **Information to be provided.**
  - (1) A HECM counselor must discuss with the borrower:
    - (i) The information required by [section 255(f)](/cfr/24/255.md?p=f) of the NHA;
    - (ii) Whether the borrower has signed a contract or agreement with an estate planning service firm that requires, or purports to require, the borrower to pay a fee on or after closing that may exceed amounts permitted by the Commissioner or this part;
    - (iii) If such a contract has been signed under [paragraph (b)(1)(ii)](#b-1-ii) of this section, the extent to which services under the contract may not be needed or may be available at nominal or no cost from other sources, including the mortgagee; and
    - (iv) **Any other requirements determined by the Commissioner.**
  - (2) If the HECM borrower has an Eligible Non-Borrowing Spouse, in addition to meeting the requirements of [paragraph (b)(1)](#b-1) of this section, a HECM counselor shall discuss with the borrower and Eligible Non-Borrowing Spouse:
    - (i) The requirement that the Eligible Non-Borrowing Spouse must obtain ownership of the property or other legal right to remain in the property for life, upon the death of the last surviving borrower;
    - (ii) A failure to obtain ownership or other legal right to remain in the property for life will result in the HECM becoming due and payable and the Eligible Non-Borrowing Spouse will not receive the benefit of the Deferral Period;
    - (iii) The requirement that the property must be the principal residence of the Eligible Non-Borrowing Spouse prior to and after the death of the borrowing spouse;
    - (iv) The requirement that the Eligible Non-Borrowing Spouse fulfills all obligations of the mortgage, including the payment of property charges and upkeep of the property; and
    - (v) **Any other requirements determined by the Commissioner.**
  - (3) If the HECM borrower has an Ineligible Non-Borrowing Spouse, in addition to meeting the requirements of [paragraph (b)(1)](#b-1) of this section, a HECM counselor shall discuss with the borrower and Ineligible Non-Borrowing Spouse:
    - (i) The Deferral Period will not be applicable;
    - (ii) The HECM will become due and payable upon the death of the last surviving borrower; and
    - (iii) **Any other requirements determined by the Commissioner.**
- (c) **Certificate.** The HECM counselor will provide the borrower with a certificate stating that the borrower, Non-Borrowing Spouse, and non-borrowing owner, as applicable, has received counseling. The borrower shall provide the mortgagee with a physical copy of the certificate.

## Notes

### Authority

Authority: 12 U.S.C. 1715b, 1715z-20; 42 U.S.C. 3535(d)

### Source

Source: 82 FR 7117, Jan. 19, 2017, unless otherwise noted.