30-day Rescission Period Dropped from California Bill

California Reverse Mortgage Bill

A California Assembly committee struck the controversial 30-day rescission period as one of several amendments to a reverse mortgage bill Monday, a spokeswoman for Assemblyman Mike Feuer, the bill’s author, said today.

The Assembly Committee on Banking and Finance, on a nine to zero vote, also approved three other amendments suggested by the committee’s chief consultant Mark Farouk to clarify cross-selling prohibitions and counseling funding by lenders.

The bill, AB 329, now goes to a vote by the full assembly, said Feuer’s spokeswoman Arianna Smith. She said Feuer, who is not on the Banking and Finance Committee, accepted the amendments and is “still happy with moving the bill forward.”

In a bill analysis presented to the committee on Monday, Farouk explained the justification supporting the 30-day rescission is to mirror the rescission period for annuity contracts. But he questioned if the rescission was necessary or practical since the bill sets up clear prohibitions on selling or recommending investment products related to the reverse mortgage transaction. He stated in the analysis that by the time the loan closes, the borrower has been through counseling and has waited 30 to 90 days for funding during the underwriting process.

He also pointed out the complications of unwinding a reverse mortgage transaction. “If a borrower were allowed to rescind the transaction how would the lender recoup money from liens that may have been paid off? Additionally, what if the borrower has spent a substantive amount of the funds from the transaction?” Farouk wrote.

In addition, the committee approved amendments that would clarify the prohibition of cross-selling annuities or other insurance or financial products. One clarified the time frame to “prior to closing of the reverse mortgage or before the expiration of the right of the borrower to rescind the reverse mortgage agreement.” Federal law allows for a three-day rescission period. The other amendment would not prevent a lender from offering title, hazard or other insurance products that are “customary and normal under a reverse mortgage transaction.”

The committee also approved a suggested amendment that would not prevent a counseling agency from receiving funding from a lender that is unrelated to reverse mortgages and is provided as part of “charitable or philanthropic activities.”

Sen. McCaskill To Keep Pushing for Reverse Mortgage Reform

Reverse Mortgage Reform

Missouri Sen. Claire McCaskill, who has described reverse mortgages as “very dangerous,” will continue to push for further reforms of the reverse mortgage market, her spokeswoman said, after the Senate did not consider her amendment to a federal fraud enforcement bill that passed today.

“Here’s the problem: we’ve got the people closing these loans that have no skin in the game,” McCaskill said during a Senate hearing on April 23, according to a transcript. “Guess who’s insuring all these loans? We are. The taxpayers.”

McCaskill previously inserted provisions to regulate reverse mortgages into the Housing and Economic Recovery Act, which was passed last summer.

She is now raising concerns about misleading advertising, the industry’s fast growth, increasing fraud, and the taxpayers’ potential liability. McCaskill said that the rules she tried to introduce into the bill that passed today were needed to prevent the same types of abuses that occurred in subprime mortgage lending from spreading to the reverse sector.

“If we do not learn from our mistakes, we are doomed to repeat them, so I urge all my colleagues to become knowledgeable about this reverse mortgage area, get word to their constituents to be careful about these reverse mortgages,” she said. “They are very dangerous.”

McCaskill introduced the amendment to the Fraud Enforcement and Recovery Act of 2009. The amendment included provisions that would have required borrowers to certify that they live in the home and report when they terminate residence; required that a home purchased with a HECM be owned and occupied for at least 180 days; and required counselors to report suspected fraud and abuse.

The Senate passed the bill on a 92 to 4 vote today without considering McCaskill’s amendment, her spokeswoman Maria Speiser said.

Speiser said in an email today that she doesn’t know in which bill McCaskill will reintroduce the amendment, “but I do know she will continue to pursue this issue.”

New Loan Limit… It’s here!

Under ARRA, the national FHA loan limit for HECM will increase from $417,000 to $625,500 (from 100 percent to 150 percent of the conforming limit).  HECM loan mortgagors do not undergo the same procedures for credit approval as do mortgagors for forward mortgages.  FHA does not deem the credit approval process to be complete until the HECM loan is closed.  Therefore, HECM loans closed on or after the date of this Mortgagee Letter are subject to the higher maximum dollar amounts. 

 

            In those areas, the maximum claim payable by FHA is 150 percent of the Freddie Mac conforming limits.  To avoid potential cases where a claim could be less than the national limit, as adjusted for the special exception areas, HUD had decided not to make the adjustment.  Therefore, these few special exception areas will have the same $625,500 limit as all other areas.

 

FHA will, for a limited time, allow HECM loans that received case number assignments but did not close prior to the effective date of this mortgagee letter to be closed using either the old limit that was used to originally calculate the loan, or the new limits as prescribed herein.  An option will be made available in FHA Connection for the lender to choose which rate to use.  This option will be available until April 30, 2009.

Minnesota Attorney General Pushes Reverse Mortgage Legislation

Minnesota’s legislators and attorney general, concerned about disreputable mortgage brokers and lenders taking advantage of seniors, have introduced a bill that would allow borrowers to rescind a reverse mortgage for up to 30 days.

The legislation, introduced in both the state House of Representatives and Senate yesterday, states that borrowers would be able to rescind a reverse mortgage for up to 30 days after “execution,” a term that suggests rescission could occur after a loan has been made. Once seniors notify the lender that they want out of the loan, they have 15 days to return any money received, according to the legislation, and any mortgage filed in connection with the loan would be null and void upon rescission. 

During a press conference yesterday, Minnesota Attorney General Lori Swanson told reporters that the bill was aimed at preventing another subprime crisis in the reverse mortgage industry, according to an account in the St. Paul Pioneer Press.

“Some brokers and lenders who contributed to the mortgage meltdown are now sliding over into the reverse mortgage business, and we need to make sure that history does not repeat itself with imprudent reverse mortgage loans made to seniors,” Swanson said during the press conference.  

Beyond the controversial 30-day rescission period, Minnesota’s proposal would make buyers of reverse mortgages responsible for the actions of the originator. The bill also includes a broad suitability requirement, which would require lenders to reasonably believe that reverse mortgages were suitable for borrowers. In addition to requiring independent counseling, the bill would limit the sales of financial products in conjunction with a reverse mortgage.

Senate bill
House bill

The HVCC Changes YOUR business…

Washington, DC – Federal Housing Finance Agency (FHFA) Director James B. Lockhart announced that Fannie Mae and Freddie Mac will implement a revised Home Valuation Code of Conduct (Code) effective May 1, 2009. The Code is based on an agreement between the Enterprises, the New York State Attorney General Andrew Cuomo and FHFA to improve the reliability of home appraisals. Following a comment period on the original Code, modifications were made by the Enterprises to reflect comments received. The revisions will facilitate implementation in the marketplace.

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Reverse Mortgage Knowledge

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Reverse mortgages could go mainstream if this happens


If Congress enacts these reforms reverse mortgages could go mainstream. Here’s why.

Two U.S. Senators are sponsoring a bill that touches the dreaded third rail of politics. Semafor News reports a bipartisan group led by Senators. Angus King, I-Maine, and Bill Cassidy, R-La. are considering gradually raising the retirement age to about 70 as part of their discussions to overhaul Social Security, Semafor has learned from two people briefed

on their efforts.

If such reforms were to come to pass those who had planned on drawing Social Security benefits at younger ages below 70 may have to look to their home’s value as a source of cash flow. Of course, this is not how anyone would want to see the widespread acceptance of reverse mortgages, but then again, necessity is the mother of innovation, and future retirees may have to get creative to secure a decent retirement.

Increasing the minimum age at which one may begin drawing benefits is not the only proposal on the table. Other options include…

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…revamping the formula that presently calculates monthly benefits based on a worker’s average earnings over 35 years to one that’s calculated on the actual number of years one is actually working and contributing to Social Security.

Both Senators King and Cassidy told Semafor, “there are no cuts for Americans currently receiving benefits in our plan”. What’s not said is just as important. Ultimately any postponement of Social Security eligibility or recasting the benefit formulas means most Americans in the future will receive less money during their lifetime. The Congressional Budget Office reports if Congress fails to enact needed reforms for the fund that Social Security benefits would be reduced by approximately 20% beginning in 2032.

Any future reduction of benefits or increases to the retirement age could create a perfect storm- one that could force millions to look to what is typically their lar

gest asset, their home.

Columnist Joseph Zeballos-Roig observes that any increase of the retirement age is likely a non-starter with Congressional Democrats who are more likely to support a Social Security tax on annual earnings above the current $160,000 cap. Regardless, our nation as a whole, elected officials and citizens alike, have a serious spending problem. And that applies to both parties. Until the federal government’s largesse with taxpayers’ dollars in discretionary spending is diminished, mandatory budget items such as Social Security and Medicare will be targeted for cuts or new sources of revenue. And with entitlements accounting for nearly one-third of U.S. federal spending citizens of all ages will want to stand up and take notice.

In the short term we can expect the usual, for Congress to kick the proverbial can down the road. After all, who wants to lose their seat for backing such reforms? Let the next guy or gal do it. However, at some point, Social Security benefits will have to either be reduced or postponed, neither of which is painless. When reforms eventually come to pass they likely will serve as a driving force for millions of older Americans to look to their home’s value as a potential stop-gap in their retirement income planning. 

How do you think older Americans would respond if Social Security benefits were cut? Comment below and share your thoughts. 

Additional Reading:
A bipartisan group of Senators is talking about raising the retirement age on Social Security

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