1. INTRODUCTION
The Reverse Mortgage Counseling Association (RMCA) has created and adopted a Code of Ethics which all members and their reverse mortgage counselors are required to adopt and follow as part of their membership in RMCA.
The main purpose of the RMCA Code of Ethics is to standardize the way HUD-approved housing counseling organizations and their reverse mortgage counselors interact with individuals, families and seniors, when facilitating a reverse mortgage counseling session.
It is important that each member and their reverse mortgage counselors act in a professional manner when providing reverse mortgage counseling and education. Members who adhere to the RMCA Code of Ethics will ensure compliance among their reverse mortgage counselors, as well as promote integrity and credibility to seniors.
The RMCA Code of Ethics complements the RMCA Bylaws and Member Standards. All Members agree to ensure that their own procedures meet or exceed the requirements contained herein, as well as any and all legal responsibilities and requirements of all state and federal laws relevant to services offered by members.
2. GENERAL
As an approved member of RMCA and as part of their ongoing membership, each Member shall:
1. Adopt and integrate the RMCA Code of Ethics guide into their reverse mortgage counseling procedures and sessions.
2. Communicate the contents, and provide a copy, of the RMCA Code of Ethics to all reverse mortgage counselors within their organization.
3. Monitor reverse mortgage counseling activities to ensure that all reverse mortgage counselors are abiding by the RMCA Code of Ethics.
4. Contribute to the RMCA Code of Ethics by providing feedback for its ongoing improvement.
3. COMMITMENT TO CLIENTS
As an approved member of RMCA and as part of ongoing membership, each Member and their reverse mortgage counselors shall:
1. Provide high quality, personalized reverse mortgage education and counseling services to every prospective and existing client who seeks assistance. Each client should receive an individualized written assessment of the client’s financial situation, to identify the client’s best alternatives that match their needs and preferences.
2. Act on behalf of a prospective or existing client and observe their best interest during a reverse mortgage counseling session.
3. Serve all prospective and existing clients equally who seek reverse mortgage counseling assistance, regardless of their ability to pay for such counseling services.
4. CLIENT INFLUENCE
As an approved member of RMCA and as part of ongoing membership, each Member and their reverse mortgage counselors shall:
1. Provide each prospective and existing client with tools, resources, information and specific facts pertaining to their reverse mortgage counseling session, so that the client can make an informed decision based on their needs and preferences.
2. Provide the necessary information that will allow a prospective or existing client to make an informed decision about what is in their own best interest. The client is fully responsible for their own decision.
3. Encourage prospective and existing clients to seek participation of family and/or professional advisors when making decisions that may affect their financial life.
5. COMPETENCE
As an approved member of RMCA and as part of ongoing membership, each Member and their reverse mortgage counselors shall:
1. Be educated, trained and complete a certification process to ensure that they are competent to perform their respective reverse mortgage counseling services and duties and to deliver such services to prospective and existing clients in a professional manner.
2. Only provide reverse mortgage counseling services based on their education, training and certification to prospective and existing clients. Counselors shall not act, promote or represent that they are a Certified Financial Planner (CFP), Certified Public Accountant (CPA) or other financial designation unless they hold those titles.
3. Refrain from giving legal, tax, and accounting advice to a prospective or existing client during a reverse mortgage counseling session and/or meeting unless licensed to do so.
4. Refer a prospective or existing client to a financial advisor when counseling services are beyond the reverse mortgage counselor’s education, training and certification to provide.
6. CONFLICT OF INTEREST
As an approved member of RMCA and as part of ongoing membership, each Member and their reverse mortgage counselors shall:
a. Avoid actual, or the appearance of, conflicts of interest with a prospective or existing client. Counselors shall inform a prospective or existing client when a real or potential conflict of interest arises. When this happens, a counselor shall take the necessary steps to resolve the issue in a manner that protects the prospective or existing client’s interests.
b. Not exercise undue influence over any prospective or existing client through their professional relationship to exploit those clients to further personal, religious, political, or business interests of the member or counselor.
c. Prohibit the solicitation and acceptance of gifts or gratuities from a prospective or existing client for their personal benefit, in excess of minimal value.
d. Not induce and/or advise a prospective or existing client to make a financial investment that would further the personal, religious, political, or business interest of the member or counselor.
7. PRIVACY AND CONFIDENTIALITY
As an approved member of RMCA and as part of ongoing membership, each Member and their reverse mortgage counselors shall:
1. Not request private and/or confidential information unless it is critical to provide reverse mortgage counseling services. If private and confidential information is shared and/or obtained for providing the reverse mortgage counseling services, the counselor must abide by all privacy laws as well as client confidentially.
2. Prevent improper disclosure of private and/or confidential information obtained from a prospective or existing client while providing reverse mortgage counseling services.
3. Not disclose any private and/or confidential information, including identity, to any third party or media that a prospective or existing client has shared or provided, unless a counselor obtains written consent of that client.
4. Abide by all privacy laws and keep a prospective or existing client’s information confidential and protected.
5. Protect all prospective or existing clients’ electronic records and other sensitive information in a secured environment. Client’s records and confidential information shall be stored in a secure location and not made available to others who are not authorized to have access to those records.
6. Take precautions to ensure and maintain a prospective or existing client’s confidential information, if that information is transmitted to other parties through the use of computers, electronic mail, facsimile machines, telephones and telephone answering machines, and other electronic or computer technology.
8. PROFESSIONAL BEHAVIORS
As an approved member of RMCA and as part of ongoing membership, each Member and their reverse mortgage counselors shall NOT:
1. Permit any form of discrimination on the basis of race, ethnicity, national origin, sex, sexual orientation, age, marital status, financial status, political belief, religion, or mental or physical disability, during a reverse mortgage counseling session and/or meeting with a prospective or existing client.
2. Use derogatory language in their written or verbal communications during a reverse mortgage counseling session and/or meeting with a prospective or existing client.
3. Participate in, condone, or be associated with dishonesty, fraud, or deception toward or in cooperation with a prospective or existing client.
4. Allow their private matters to interfere with their ability to conduct and fulfill their responsibilities to a prospective or existing client for reverse mortgage counseling services.
5. Be in any way disrespectful or dishonorable in their dealings with all other Members of RMCA.
9. INTEGRITY OF THE HOUSING COUNSELING PROFESSION
As an approved member of RMCA and as part of ongoing membership, each Member and their reverse mortgage counselors shall:
1. Work toward the maintenance and promotion of high standards of practice when performing a reverse mortgage counseling session and/or meeting with a prospective or existing client.
2. Uphold and advance the values and ethics of the reverse mortgage counseling profession.
3. Contribute the time to enhance their knowledge and professional expertise with respect to the integrity, and competence of the reverse mortgage counseling profession.
Code of Ethics and Conduct Form
By signing below, I acknowledge receipt of the Code of Ethics and Conduct guide
that RMCA has put into place as a requirement of membership in RMCA. As a
HUD-approved Housing Counseling Organization with certified Housing
Counselors, I am authorized by our Housing Counseling Organization to sign
below, and I agree to adopt the Code of Ethics and Membership Standards into our
Housing Counseling Organization upon our membership being approved RMCA.
Contact Person:________________________________ Date: ______/_______/______
Agency Name:___________________________________________________________
Address:________________________________________________________________
City:______________________ State:____________ Zip Code:__________________
Business Number: (_____) ______/________ Fax Number: (_____)______/________
Email Address: _________________________ Web Address: ____________________
Authorized Signature: _____________________________________
Disclosure: The person signing this Code of Ethics form above must be authorized to sign such form on behalf of the Housing Counse00ling Organization that is applying for membership.
