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.”

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.

Reverse Mortgage Knowledge

In order to become a successful reverse mortgage loan originator you must start with the basics.

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This includes industry standards in:

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Reverse Mortgage Marketing Knowledge

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I will see you there,

Eric A. Hiatt