(b) Payments made by an authorized lender pursuant to any credit line
reverse mortgage made in accordance with section two hundred eighty-a of
this article during any one year shall be limited to such amount or
ratio as may be determined by the superintendent of financial services.
In the event that a borrower does not take payment under such credit
line during the course of any year then that borrower shall have the
ability to increase the yearly payments by that amount available but not
borrowed during previous years.
2. Any credit line mortgage may, and when so expressed therein, shall
secure not only the original indebtedness but also the indebtedness
created by future advances thereunder made within thirty years from the
date of the recording of such credit line mortgage, whether such
advances are obligatory or are to be made at the option of the lender or
otherwise, to the same extent and with the same priority of lien as if
such future advances had been made at the time such credit line mortgage
was recorded pursuant to section two hundred ninety-one of this chapter,
although there may have been no advances made at the time of the
execution and acknowledgment of such credit line mortgage, and although
there may be no indebtedness outstanding at the time any advance is
made. The total amount of indebtedness that may be so secured by a
credit line mortgage may increase or decrease from time to time, but the
amount so secured at any one time shall not exceed the maximum amount
specified in such credit line mortgage, plus interest thereon at the
rate provided therein, and plus any disbursements made to protect the
security of such credit line mortgage, with interest on such
disbursements at the rate provided therein.
3. Nothing in this section shall affect the priority of a lien under
article two of the lien law with respect to future advances made under a
credit line mortgage after the filing of the notice of such lien under
the lien law.
4. This section shall apply to advances made after the effective date
of this section under a credit line mortgage, whether such credit line
mortgage is recorded on or after, or was recorded prior to, the
effective date of this section.
5. Nothing in this section shall be construed to limit, impair or
otherwise affect the priority under applicable law without reference to
this section of a mortgage, deed of trust, encumbrance or lien which was
recorded or filed prior to the effective date of this section.
Structure New York Laws
Article 8 - Conveyances and Mortgages
240 - Definitions and Use of Terms.
240-B - Certain Conveyances Authorized; Effect Thereof.
240-C - Joint Tenancy Severance.
241 - Ancient Conveyances Abolished.
242 - Disclosure Prior to the Sale of Real Property.
243 - Grant of Fee or Freehold.
244 - When Grant Takes Effect.
245 - Estate Which Passes by Grant or Devise.
246 - Certain Deeds Declared Grants.
247 - Conveyance by Tenant for Life or Years of Greater Estate Than Possessed.
248 - Effect of Conveyance Where Property Is Leased.
252 - Lineal and Collateral Warranties Abolished.
253 - Construction of Covenants in Grants of Freehold Interests.
254 - Construction of Clauses and Covenants in Mortgages and Bonds or Notes.
254-A - Right of Election of Mortgagee in Certain Cases.
254-B - Limitation on Late Charges.
254-C - Right to a Copy of Real Property Appraisals and Consumer Reports in Certain Cases.
254-D - Fees by Mortgagee for Direct Payment of Real Property Taxes by Mortgagor Prohibited.
255 - Construction of Grant of Appurtenances and of All the Rights and Estate of Grantor.
257 - Covenants Bind Representatives of Grantor and Mortgagor and Inure to the Benefit of Whom.
258 - Short Forms of Deeds and Mortgages.
260 - Lands Adversely Held May Be Conveyed or Mortgaged.
261 - Maintenance of Telegraph or Other Electric Wires Raises No Presumption of Grant.
265 - Fraudulent Intent, Question of Fact.
265-A - Home Equity Theft Prevention.
265-B - Distressed Property Consulting Contracts.
266 - Rights of Purchaser or Incumbrancer for Valuable Consideration Protected.
267 - Conveyances With Power to Revoke, Determine or Alter.
268 - Disaffirmance of Fraudulent Act by Executor and Others.
269 - When Remainderman May Pay Interest Owed by Life Tenant.
270 - Powers of Courts of Equity Not Abridged.
271 - Construction of Covenants in Mortgages on Leases of Real Property and Bonds or Notes.
272 - Construction of Grant of Appurtenances, and All of the Rights and Estate of the Mortgagor.
273 - What Form of Mortgage on Lease of Real Property.
274 - Transfers and Mortgages of Interest in Decedents' Estates.
274-A - Certificate of Principal Amount Unpaid on Mortgages of Real Property.
275 - Certificate of Discharge of Mortgage Required.
276 - Effect of Certain Easements on the Right to Invest in Mortgages.
277 - Modification and Extension of Mortgage Investment.
277-A - Powers of Fiduciaries and Others Holding Guaranteed Mortgages or Mortgage Investments.
278 - Exchange of Mortgage Investment.
278-A - Sale or Exchange of Certain Real Property or Mortgage Investments Therein Authorized.
279 - Graduated Payment Mortgage.
280 - Reverse Mortgage Loans for Persons Sixty Years of Age or Older.
280-A - Reverse Mortgage Loans for Persons Seventy Years of Age or Older.
280-B - Federal Home Equity Conversion Mortgage Regulation.
280-D - Federal Home Equity Conversion Mortgage Default and Foreclosure Regulation.