| explore those issues a bit. |
1 | 176 |
| One of the things that was mentioned by several of |
2 | 176 |
| the speakers was the bill to raise the threshold for FHA |
3 | 176 |
| insurance on the HECM products. And, Ruth, I know you |
4 | 176 |
| mentioned it. |
5 | 176 |
| And one of the things I was just wondering is what |
6 | 176 |
| is the position of -- something that struck me as |
7 | 176 |
| interesting, while it seems like that's a necessity because |
8 | 176 |
| we're bumping up against that, at the same time the private |
9 | 176 |
| market is developing alternatives to HECM. |
10 | 176 |
| And so can you, and also your fellow panelists, kind |
11 | 176 |
| of address that terms of, you know, is there a dire need to |
12 | 176 |
| raise the threshold? Should people be relying more on the |
13 | 176 |
| private market for these products? How does that -- what are |
14 | 176 |
| the pros and cons of that? |
15 | 176 |
| MS. ROMAN: I think from FHA's position, we think |
16 | 176 |
| that it's still very important to raise the loan limit to the |
17 | 176 |
| conforming limit. The other products have different features |
18 | 176 |
| than the HECM product. The HECM product still allows for a |
19 | 176 |
| larger loan advances to be made, so there's still, you know, |
20 | 176 |
| value to having more funds available through the HECM |
21 | 176 |
| product. |
22 | 176 |
| MR. AXELSON: I agree with Ruth. I think a lot of |
23 | 176 |
| the proprietary products, including some that are coming onto |
24 | 176 |
| the market I think in the next number of months, I think are |
25 | 176 |
| geared more to nonconforming loans, which is above Fannie's |
1 | 177 |
| threshold and would be above the threshold that HUD is asking |
2 | 177 |
| for. |
3 | 177 |
| MR. CHANIN: Let me follow up on that. And earlier |
4 | 177 |
| discussions, both today as well as in other cities, have -- |
5 | 177 |
| the mortgage market is quite robust. And Jim or Peter or |
6 | 177 |
| Arthur, the products have been out there I guess for 20 |
7 | 177 |
| years, give or take. It sounds like the private market |
8 | 177 |
| hasn't developed at least as expansively as in other areas. |
9 | 177 |
| And why is that? And to the extent it has developed, it |
10 | 177 |
| seems like it's paralleled quite closely FHA's program in |
11 | 177 |
| terms of counseling and so forth. |
12 | 177 |
| So how do you see this developing in the future and |
13 | 177 |
| do you see different products coming on in terms of different |
14 | 177 |
| features, those without counseling and so forth? |
15 | 177 |
| MR. MAHONEY: I think we view the counseling as best |
16 | 177 |
| consumer safeguard. That's why we require it on proprietary |
17 | 177 |
| products. So all reverse mortgages we do have independent |
18 | 177 |
| counseling. So we think that's a great consumer safeguard. |
19 | 177 |
| If you look back at volume in the industry, up until |
20 | 177 |
| about four or five years ago, was really quite small. So the |
21 | 177 |
| secondary market that traditionally drives product |
22 | 177 |
| development wasn't really interested, particularly in the |
23 | 177 |
| middle of a refi boom in this county, to really look at |
24 | 177 |
| product development for an industry that was doing 8,000 |
25 | 177 |
| loans a year. |
1 | 178 |
| For example, in 2001 we did $300 million in loan |
2 | 178 |
| balances. We did $3 billion in 2005 and we'll do $6 billion |
3 | 178 |
| in 2006. So now the secondary mortgage industry has really |
4 | 178 |
| started to become more interested in it. There's more data |
5 | 178 |
| available about the borrowing statistics, life expectancy, |
6 | 178 |
| things of that nature with these products. So now you're |
7 | 178 |
| starting to see a full development in the secondary industry. |
8 | 178 |
| The HECM is the most financially appealing product |
9 | 178 |
| in the context of how much money a borrower could have, so it |
10 | 178 |
| will be competitive for homes under the FHA limits going |
11 | 178 |
| forward into the future. It's very difficult for the private |
12 | 178 |
| market to emulate that product. |
13 | 178 |
| MR. CHANIN: And do you not see different |
14 | 178 |
| permutations on the product? For example, the cost is fairly |
15 | 178 |
| significant. You said I think, Bronwyn, up to $60,000 in |
16 | 178 |
| fees over the life of a loan. |
17 | 178 |
| I'm sure that there are agencies out there that |
18 | 178 |
| could offer the product with lower fees but maybe without all |
19 | 178 |
| the safeguards if you will. Do you not see those products |
20 | 178 |
| developing? |
21 | 178 |
| MR. MAHONEY: I think you'll see products certainly |
22 | 178 |
| develop. There are fees that are structural elements of the |
23 | 178 |
| HECM in particular, the servicing fee, which is normally |
24 | 178 |
| built into the interest rate on a traditional loan that the |
25 | 178 |
| borrower doesn't see. |
1 | 179 |
| A lot of things that are different structurally |
2 | 179 |
| today will change and emulate the traditional mortgage market |
3 | 179 |
| as we go forward. I think you'll see very competitive |
4 | 179 |
| products as such, but I don't think you'll see the consumer |
5 | 179 |
| safeguards because of the class we're dealing with, when |
6 | 179 |
| we're dealing with seniors. |
7 | 179 |
| MR. AXELSON: I think you will see some of the fees |
8 | 179 |
| being built into the rate somewhat. But also I think the |
9 | 179 |
| nonconforming market, I think traditionally reverse mortgages |
10 | 179 |
| I think back -- when HECM first came out in '89, it was |
11 | 179 |
| really -- the product was really geared as a product of last |
12 | 179 |
| resort I think for senior homeowners who were really -- they |
13 | 179 |
| needed medical care, they needed medicine, and that's what |
14 | 179 |
| the proceeds were used for. |
15 | 179 |
| I think we're starting to see a shift in what's |
16 | 179 |
| going to be the typical HECM borrower. And we have our Baby |
17 | 179 |
| Boomers going to be -- supposedly the first ones are going to |
18 | 179 |
| be 60 this year. Within a couple of years they'll be |
19 | 179 |
| eligible. |
20 | 179 |
| I think it's -- in a sense it's more financially -- |
21 | 179 |
| a financially savvy group of consumers, people that are more |
22 | 179 |
| used to mortgaging their homes and more aware of some things |
23 | 179 |
| than the last generation. And so to some degree they may not |
24 | 179 |
| need as many safeguards and the pricing may be able to be |
25 | 179 |
| adjusted for that reason. |
1 | 180 |
| MR. BELL: A few thoughts in response to that. |
2 | 180 |
| First of all, it needs to be understood that the lion's share |
3 | 180 |
| of those fees, more than half, are the HUD mortgage insurance |
4 | 180 |
| premiums, including up front and the half percent per year |
5 | 180 |
| ongoing on the actual balance that's been drawn down. |
6 | 180 |
| There are a lot of us who believe that there's room |
7 | 180 |
| to reduce that, and we do have a working group with the |
8 | 180 |
| department to study the program actuarially, to analyze that. |
9 | 180 |
| The fee structure that's in place today was |
10 | 180 |
| established prior to any experience. It was set up front |
11 | 180 |
| when the program was implemented back in the late '80's. And |
12 | 180 |
| now that we have a decade plus of experience, we're able to |
13 | 180 |
| go back and analyze that and work on that. |
14 | 180 |
| Also, as volume grows, fees fall because part of the |
15 | 180 |
| challenge now is that we've been doing such a small annual |
16 | 180 |
| volume that the costs of a company -- like there's a very |
17 | 180 |
| large cost to enter this. All the systems have to be |
18 | 180 |
| completely engineered from the get-go for this product. |
19 | 180 |
| There aren't off-the-shelf systems for this like there are |
20 | 180 |
| for other mortgages. And that has to be amortized over a |
21 | 180 |
| much smaller universe of loans. As that grows, we will see |
22 | 180 |
| all of that fall in place. |
23 | 180 |
| Now, the private product would come in and have the |
24 | 180 |
| advantage of not having all these mortgage insurance |
25 | 180 |
| premiums. But basically the way they compensate for that is |
1 | 181 |
| by providing less money. They self-insure in effect by |
2 | 181 |
| having a lower percentage of value. So you may knock down |
3 | 181 |
| the fees, but you're also reducing the amount of money that's |
4 | 181 |
| available. |
5 | 181 |
| MR. CHANIN: Okay. |
6 | 181 |
| MR. RICHARDS: Well, just following up on that, |
7 | 181 |
| Peter, I presume then once you take out a reverse mortgage, |
8 | 181 |
| it's difficult to increase the amount that you've borrowed. |
9 | 181 |
| Is that right? |
10 | 181 |
| MR. BELL: No. On the contrary. Not at all. |
11 | 181 |
| There's a few things that happen. On the HECM |
12 | 181 |
| product, or other products that have a line of credit |
13 | 181 |
| feature, if somebody originates the loan with a line of |
14 | 181 |
| credit, the unused balance in the line of credit grows from |
15 | 181 |
| year to year. |
16 | 181 |
| So if someone has a HECM, say their home is worth |
17 | 181 |
| $200,000 and their age gives them 50 percent of that, they |
18 | 181 |
| start with $100,000 to keep it simple. If they leave that |
19 | 181 |
| $100,000 in that line of credit, a year from now they'll have |
20 | 181 |
| roughly $106,000 in that line of credit. There's a growth |
21 | 181 |
| feature there that's going on. |
22 | 181 |
| Secondly, there's the opportunity to refinance a |
23 | 181 |
| reverse mortgage. And HUD actually does a reverse mortgage |
24 | 181 |
| insurance premium now -- congress enacted that in 2000 -- to |
25 | 181 |
| allow people to do that. |
1 | 182 |
| So what happens is -- a few things can happen over |
2 | 182 |
| the life -- since the original loan was taken out. The |
3 | 182 |
| person is older of course, giving them a larger percentage of |
4 | 182 |
| value. The interest rates could have fallen, giving them a |
5 | 182 |
| larger amount. And, of course, the home value could have |
6 | 182 |
| grown and, along with that, the FHA limits. |
7 | 182 |
| So if somebody had -- in my $200,000 example, their |
8 | 182 |
| age gave them 50 percent, six years ago -- nowadays their |
9 | 182 |
| home may be worth $300,000 and their age gives them 65 |
10 | 182 |
| percent. They could go back and get a new reverse mortgage |
11 | 182 |
| to take advantage of that new situation. |
12 | 182 |
| MR. RICHARDS: And do there tend to be prepayment |
13 | 182 |
| penalties with these? |
14 | 182 |
| MR. BELL: No. There are no prepayment penalties |
15 | 182 |
| whatsoever on any reverse mortgage product. |
16 | 182 |
| MR. MAHONEY: Just as a point of information, as a |
17 | 182 |
| servicer we see about five percent of our portfolio -- pardon |
18 | 182 |
| me. Sorry. As a servicer, we see about five percent of our |
19 | 182 |
| mortgage portfolio refinanced into new HECMs every year. |
20 | 182 |
| MS. BRAUNSTEIN: I didn't hear anybody mention |
21 | 182 |
| during their opening that there were so-called bad actors out |
22 | 182 |
| there taking advantage of people on reverse mortgages. Is |
23 | 182 |
| that a problem at all? Are you seeing that? |
24 | 182 |
| MS. KROHN: I think it applies in reverse mortgages |
25 | 182 |
| when you try to bundle an annuity with it. I think that |
1 | 183 |
| the -- and this is not something that the Fed would |
2 | 183 |
| necessarily be involved in. It's an insurance issue. |
3 | 183 |
| But what we have found is that very often somebody |
4 | 183 |
| will go into a bank or a financial institution to apply for a |
5 | 183 |
| reverse mortgage, or start the process, and before they close |
6 | 183 |
| on that account, they're referred to that nice young man over |
7 | 183 |
| there, that nice young lady, who is sitting at a desk with no |
8 | 183 |
| name tag on it, identifying them as an insurance salesman. |
9 | 183 |
| And recently I had a chance to talk to the |
10 | 183 |
| Department of Insurance in Sacramento about this, and they |
11 | 183 |
| said that that's a very serious problem, where they're just |
12 | 183 |
| sort of slipping these annuities into the signed documents. |
13 | 183 |
| And anyone who knows annuities will know that you |
14 | 183 |
| probably shouldn't be selling them to somebody in their mid |
15 | 183 |
| 70's or 80's because they may never live to get the full |
16 | 183 |
| benefit of them. |
17 | 183 |
| So that's one thing that we've seen very commonly |
18 | 183 |
| applied. |
19 | 183 |
| MR. BELL: Can I respond to that? |
20 | 183 |
| MS. BRAUNSTEIN: Go ahead. |
21 | 183 |
| MR. BELL: I've heard more discussion of that topic |
22 | 183 |
| in the Sacramento area than I have anywhere else nationally. |
23 | 183 |
| So I guess there might be some folks that are pursuing the |
24 | 183 |
| sale of the annuity simultaneously in that particular |
25 | 183 |
| instance than I'm aware of anywhere else in the country where |
1 | 184 |
| it's going on. But a few things on it. |
2 | 184 |
| First of all, we as a matter of industry practice, |
3 | 184 |
| when we are dealing with a borrower, we make a disclosure |
4 | 184 |
| that basically makes clear to the borrower that this money is |
5 | 184 |
| yours to spend however you want, and you are under no |
6 | 184 |
| obligation whatsoever to purchase any particular service or |
7 | 184 |
| product from any particular provider on that. The money is |
8 | 184 |
| disbursed to you, it's your money. We do not disburse to any |
9 | 184 |
| third parties, and we do make that disclosure on it. |
10 | 184 |
| Secondly, there is no product that does require the |
11 | 184 |
| purchase of an annuity. There might have been once upon a |
12 | 184 |
| time a good number of years ago. There is nothing in the |
13 | 184 |
| marketplace, nor has been, for several years now that |
14 | 184 |
| requires the purchase of that. |
15 | 184 |
| And thirdly, if there is an annuity purchase |
16 | 184 |
| involved, I believe the TALC disclosure requires that to be |
17 | 184 |
| disclosed in there so it does show up in the numbers that are |
18 | 184 |
| provided to the borrower. |
19 | 184 |
| MS. KROHN: I mean, you guys are far better experts |
20 | 184 |
| to discuss this than I am, but what I will tell you is that |
21 | 184 |
| there are some bad boys out there that are doing this kind of |
22 | 184 |
| thing. And here again it's not a Fed issue; it's an |
23 | 184 |
| insurance issue. But it is happening. And I don't think |
24 | 184 |
| it's just in the minds of those in Sacramento. We may have |
25 | 184 |
| some testimony to that fact later in the open mic. |
1 | 185 |
| MS. BRAUNSTEIN: As a follow-up to that, too, in |
2 | 185 |
| talking about possible bad actors, one of the things we've |
3 | 185 |
| heard a little bit about that I'd like to hear from you is |
4 | 185 |
| that, as you say, up until recently these loans were not a |
5 | 185 |
| big product and now it's starting to increase. And I would |
6 | 185 |
| imagine with the Baby Boomers coming that it's going to |
7 | 185 |
| increase even further. |
8 | 185 |
| What do we see in terms of advertisements for these |
9 | 185 |
| loans? Is there starting to be very aggressive kind of push |
10 | 185 |
| marketing like we see for other kinds of products to certain |
11 | 185 |
| populations and, you know, what's -- can you -- |
12 | 185 |
| MS. BELLING: I can speak a little to that. I think |
13 | 185 |
| Peter speaks for most of the major reverse mortgage lenders |
14 | 185 |
| in his association, but there are other brokers and lenders |
15 | 185 |
| who are not members of NRMLA, of the association. |
16 | 185 |
| And I think, you know, they -- to NRMLA's credit, |
17 | 185 |
| they do have a very good code of conduct that sets standards |
18 | 185 |
| for their members, but we do get complaints from other |
19 | 185 |
| lenders who are not -- and on behalf of brokers and other |
20 | 185 |
| third parties who are not affiliated with the national |
21 | 185 |
| association. |
22 | 185 |
| I think in terms of advertising, most of the |
23 | 185 |
| advertising that we do see is pretty much above board. We |
24 | 185 |
| hear about seminars and other questionable events going on |
25 | 185 |
| around the country, and I think people tend to turn to AARP |
1 | 186 |
| as sort of a consumer watchdog for these kinds of practices. |
2 | 186 |
| In 1997 we heard about a fee being charged from a |
3 | 186 |
| third party in Southern California to direct people to a |
4 | 186 |
| reverse mortgage lender that led to a lot of confusion and a |
5 | 186 |
| lot of financial abuse frankly. And HUD stepped in and |
6 | 186 |
| efforts were taken. There were some lawsuits. It's a much |
7 | 186 |
| longer story. |
8 | 186 |
| But HUD -- the truth in lending requirements were |
9 | 186 |
| broad and HUD expanded the requirements under the counseling |
10 | 186 |
| certificate. And the major lenders in the field who were |
11 | 186 |
| buying these loans from these referring third parties |
12 | 186 |
| basically said they would no longer do business with them. |
13 | 186 |
| So fortunately those folks are no longer, to our knowledge, |
14 | 186 |
| visible in the market. |
15 | 186 |
| But I do think with the growth of the market that we |
16 | 186 |
| have to be more vigilant. And I'm appreciative that AARP is |
17 | 186 |
| held in such high trust in many places that we do tend to get |
18 | 186 |
| these kinds of complaints from time to time. |
19 | 186 |
| We now sort of automatically share them with HUD |
20 | 186 |
| staff, both in Washington, D.C. and regionally, when they -- |
21 | 186 |
| and most of them do pertain to third parties selling the HECM |
22 | 186 |
| in combination with other products or home repair schemes and |
23 | 186 |
| so on. |
24 | 186 |
| So I think we have to remain extremely vigilant. |
25 | 186 |
| The counseling component is a good consumer protection but it |
1 | 187 |
| isn't everything. And some of these things do happen outside |
2 | 187 |
| of the -- my concern about waiting 30 days after the reverse |
3 | 187 |
| mortgage transaction, then it falls completely out of the |
4 | 187 |
| purview of all the disclosures and what have you. |
5 | 187 |
| So I don't know if a delay is really going to help |
6 | 187 |
| much if someone comes behind a month later to sell someone an |
7 | 187 |
| annuity. If they don't fully understand the transaction, |
8 | 187 |
| then I think they're a little bit more at risk than if it has |
9 | 187 |
| to be disclosed in the current TALC requirements. |
10 | 187 |
| MS. BRAUNSTEIN: One of the things that's been |
11 | 187 |
| talked about obviously is the required counseling. And I |
12 | 187 |
| have to say that in preparing for this hearing and reading |
13 | 187 |
| through lots of materials on all different products, |
14 | 187 |
| including this one, one of the things that really struck me |
15 | 187 |
| was the booklet that AARP has out. |
16 | 187 |
| MS. BELLING: Right. |
17 | 187 |
| MS. BRAUNSTEIN: And the fact that it's like 45 |
18 | 187 |
| pages long. |
19 | 187 |
| MS. BELLING: Indeed it is. This is a major |
20 | 187 |
| complicated financial transaction that involves your largest |
21 | 187 |
| and many people's only major asset. So it speaks to the |
22 | 187 |
| complications and the depth of the transaction and how |
23 | 187 |
| important it is for consumers to understand not only how the |
24 | 187 |
| loan works but alternatives to the loan as well that may be |
25 | 187 |
| much more suitable to meet their needs. |
1 | 188 |
| MS. BRAUNSTEIN: Which made me wonder how much |
2 | 188 |
| people really do understand these transactions when they get |
3 | 188 |
| into it. I mean, that's a lot to absorb and understand. |
4 | 188 |
| Peter. |
5 | 188 |
| MR. BELL: Sandy, I would say a few things. First |
6 | 188 |
| of all, there's been a lot of efforts within the industry to |
7 | 188 |
| get out and do consumer education, both by AARP, NCOA, the |
8 | 188 |
| industry itself, each of us separately, a lot of us |
9 | 188 |
| collectively. |
10 | 188 |
| There's a lot of web sites. We do get a lot of |
11 | 188 |
| traffic on our web site. On AARP, the reverse mortgage page |
12 | 188 |
| I think is one of their most frequently visited pages in the |
13 | 188 |
| whole AARP web operations. |
14 | 188 |
| People do a lot of homework on these. It's very |
15 | 188 |
| interesting. And beyond doing the homework, they do it on |
16 | 188 |
| their own, they get educated by the lender, and then they go |
17 | 188 |
| and they get the independent third-party discussion with a |
18 | 188 |
| counselor. So there is a fair amount that's out there. |
19 | 188 |
| Besides AARP's book, there's a couple of good books |
20 | 188 |
| that have been published commercially. There's the Dummy's |
21 | 188 |
| Guide, Reverse Mortgage for Complete Idiots. There's books |
22 | 188 |
| by journalists. We have a series of consumer books that we |
23 | 188 |
| distribute free to consumers. We give out tens of thousands |
24 | 188 |
| of those. Maybe even a hundred thousand of those every year. |
25 | 188 |
| So there is a fair amount -- Fannie Mae puts out |
1 | 189 |
| information. There's some very good videos. Jim's company |
2 | 189 |
| has done an excellent video, as has another organization. So |
3 | 189 |
| there's a fair amount of information that's out there. |
4 | 189 |
| But once again, the counseling network is a key |
5 | 189 |
| component of the consumer education process. There's no |
6 | 189 |
| other product that I know of that exists where this |
7 | 189 |
| counseling is in there that, you know, before you could do |
8 | 189 |
| the transaction you have to go to that counselor. |
9 | 189 |
| We cannot subject the borrower, the prospective |
10 | 189 |
| borrower, to any costs whatsoever until that prospective |
11 | 189 |
| borrower has been through the counseling and provided a |
12 | 189 |
| counseling certificate to the lender. |
13 | 189 |
| MR. CHANIN: Let me shift -- |
14 | 189 |
| MS. STUCKI: If I could just add to that. One of |
15 | 189 |
| the things that we have been doing is partnering with the |
16 | 189 |
| Administration on Aging, because we're trying to get out |
17 | 189 |
| through as many different conduits as possible to reach |
18 | 189 |
| potential borrowers who may be facing different needs. |
19 | 189 |
| The Administration on Aging has its aging network |
20 | 189 |
| with thousands of members who are already counseling seniors |
21 | 189 |
| about a wide array of issues dealing with chronic health |
22 | 189 |
| needs. And they have stepped up to the plate and are |
23 | 189 |
| actively getting involved in providing HECM counseling |
24 | 189 |
| through our new network. |
25 | 189 |
| And I think that's going to be another opportunity |
1 | 190 |
| and avenue to address the very specific needs of seniors. |
2 | 190 |
| Because often times the needs of somebody who has a health |
3 | 190 |
| condition and the solutions are going to be rather different |
4 | 190 |
| from somebody who is trying to either pay the monthly bill or |
5 | 190 |
| buy an RV. |
6 | 190 |
| So I think we're going to start to see perhaps more |
7 | 190 |
| specialized counseling coming out. I know we are also |
8 | 190 |
| talking with a financial planning association to start |
9 | 190 |
| educating financial planners more about this issue. And I |
10 | 190 |
| think that is -- again, part of the thing is that we get a |
11 | 190 |
| more targeted message out to address specific needs, and I |
12 | 190 |
| think that's beginning to happen. |
13 | 190 |
| MR. CHANIN: Let me shift a little bit. And Arthur, |
14 | 190 |
| you and Ruth both mentioned, Ruth in terms of prospectively, |
15 | 190 |
| that HECMs or reverse mortgages either can or maybe will be |
16 | 190 |
| with legislation be able to be used to purchase a home. |
17 | 190 |
| Can you discuss that a little bit more and the other |
18 | 190 |
| panelists on both sides whether you see that developing in |
19 | 190 |
| terms of the product, whether you see issues associated with |
20 | 190 |
| that use of these products to purchase a home and just those |
21 | 190 |
| types of issues? |
22 | 190 |
| MS. ROMAN: I would say from FHA's perspective, we |
23 | 190 |
| just know that there's been a lot of interest and expressed |
24 | 190 |
| to FHA for that type of product. And we know it's something |
25 | 190 |
| that currently occurs with other products and so we're trying |
1 | 191 |
| to figure out once the statute hopefully is passed -- right |
2 | 191 |
| now we're working on how that would be structured and |
3 | 191 |
| actually how it -- |
4 | 191 |
| MS. BRAUNSTEIN: People are having a hard time -- |
5 | 191 |
| I'm sorry, Ruth. Can you bring it closer? |
6 | 191 |
| MS. ROMAN: OH, what I was saying from FHA's |
7 | 191 |
| perspective, we received a lot of interest to getting that |
8 | 191 |
| type of product for HECM. |
9 | 191 |
| And, you know, we're hoping that the statute will be |
10 | 191 |
| passed. And we're really looking at the other products that |
11 | 191 |
| are out there for purchase and focused on how to |
12 | 191 |
| operationalize it. |
13 | 191 |
| MR. AXELSON: Fannie Mae has had the product -- I'm |
14 | 191 |
| not sure -- for purchase for a while. I'm not sure what the |
15 | 191 |
| numbers are in terms of -- but it does give the seniors |
16 | 191 |
| greater flexibility. I mean, you know, a lot of them want to |
17 | 191 |
| age in place, but sometimes they want to relocate for family |
18 | 191 |
| or health reasons or whatever. |
19 | 191 |
| And rather than getting a traditional mortgage, I |
20 | 191 |
| mean, the Home Keeper for Home Purchase, they can often |
21 | 191 |
| qualify for larger amount of funds than -- and buy a better |
22 | 191 |
| home because there's no income limits or income test. It's |
23 | 191 |
| based on their age, the value of the property. And so it |
24 | 191 |
| just -- it's another flexible piece to, you know, retirement |
25 | 191 |
| solutions and planning. |
1 | 192 |
| MR. CHANIN: Peter. |
2 | 192 |
| MR. BELL: Sure. The classic case of HECM for home |
3 | 192 |
| purchase would be a case where you have a couple that's been |
4 | 192 |
| in a home for a long time. It's very often a multi-story |
5 | 192 |
| home, deferred maintenance, a lot of property to take care |
6 | 192 |
| of. They don't necessarily have cash sitting in the bank to |
7 | 192 |
| be able to take care of it and they're interested in moving |
8 | 192 |
| to a smaller, newer, single story product that better fits |
9 | 192 |
| their needs. |
10 | 192 |
| Well, very often these days with home values being |
11 | 192 |
| what they are, land costs, development costs, that smaller |
12 | 192 |
| and newer product is actually more expensive than the value |
13 | 192 |
| of their older home. The HECM for home purchase concept will |
14 | 192 |
| allow them to sell their home and either supplement the |
15 | 192 |
| proceeds that they get from that or even perhaps not throw |
16 | 192 |
| all the proceeds that they take out into the new purchase. |
17 | 192 |
| So, for example, if someone got 50 percent of the |
18 | 192 |
| value of the new home, if they were buying a $300,000 home, |
19 | 192 |
| they could get 150,000 out of the HECM. If their old home is |
20 | 192 |
| worth 200, they could sell that and have no mortgage to make, |
21 | 192 |
| have the $300,000 home, and have $50,000 cash reserves. |
22 | 192 |
| So it really totally transforms their living -- |
23 | 192 |
| could totally transform their living situation. So it would |
24 | 192 |
| be a very good product to have. |
25 | 192 |
| MR. AXELSON: And the borrower can decide how much |
1 | 193 |
| of their own money they want to put down and how much they |
2 | 193 |
| want to borrow. So there really is flexibility. |
3 | 193 |
| MR. CHANIN: Bronwyn? |
4 | 193 |
| MS. BELLING: Yea, I was going to say I think some |
5 | 193 |
| people are -- that the HECM for home purchase would allow |
6 | 193 |
| people to trade down and into more appropriate living |
7 | 193 |
| arrangements, pretty much what Peter had to say as well. So |
8 | 193 |
| I think it would add a lot to the options. |
9 | 193 |
| You hear a lot of sometimes negative criticism about |
10 | 193 |
| these loans keeping people in older houses longer than is |
11 | 193 |
| appropriate. So allowing them to move to something more |
12 | 193 |
| suitable to meet their needs better, I think it would be a |
13 | 193 |
| very good thing. |
14 | 193 |
| MR. CHANIN: Okay. |
15 | 193 |
| MS. STUCKI: Just to add to that, again coming from |
16 | 193 |
| the perspective of a chronic health condition, this is |
17 | 193 |
| exactly a great idea. There are many new models for housing |
18 | 193 |
| that are now being opened up, co-housing and other kind of |
19 | 193 |
| models where a person still owns their -- the place where |
20 | 193 |
| they live, but they're not necessarily the traditional single |
21 | 193 |
| family home. |
22 | 193 |
| And to the extent that these kinds of loans can |
23 | 193 |
| enable a person to move to these very supportive settings and |
24 | 193 |
| also provide some additional cash to help them pay for the |
25 | 193 |
| services that they need to be able to sustain themselves in |
1 | 194 |
| the home, it may be ideal for somebody with a chronic health |
2 | 194 |
| problem. |
3 | 194 |
| MS. BRAUNSTEIN: Have there been problems in the |
4 | 194 |
| existing portfolios with -- this sounds kind of morbid -- but |
5 | 194 |
| people outliving their loans basically and using up all their |
6 | 194 |
| equity and their payments cease? Because obviously medicine |
7 | 194 |
| is improving and people are living longer. And, you know, |
8 | 194 |
| they took out a loan maybe 20 years ago and not envisioning |
9 | 194 |
| that they'd still be alive now but they are. |
10 | 194 |
| MR. AXELSON: I mean, the benefit in HECM of the |
11 | 194 |
| ten-year plan payment is that as long as the consumer remains |
12 | 194 |
| in their home and using it as their principal residence, |
13 | 194 |
| their payments continue whether the outstanding balance is |
14 | 194 |
| below or exceeds the value of the home. |
15 | 194 |
| MS. BRAUNSTEIN: No, I understand that. But I guess |
16 | 194 |
| I'm asking a more general question. Because HECM came along |
17 | 194 |
| a little bit late -- there were products before HECM and some |
18 | 194 |
| of those -- you know, I'm just wondering about even the |
19 | 194 |
| private products that were out there before HECM came along |
20 | 194 |
| with its safeguards. Have you heard anything about there |
21 | 194 |
| being problems like that for people who got them? |
22 | 194 |
| MS. BELLING: The earlier -- there were some private |
23 | 194 |
| plans before the HECM that involved giving up a share of the |
24 | 194 |
| future appreciation or an equity -- a share of the equity in |
25 | 194 |
| the house and there were some problems with that. |
1 | 195 |
| I think that's why AARP has supported and advocated |
2 | 195 |
| so vehemently for the counseling component to really help |
3 | 195 |
| people -- require people to understand the transaction before |
4 | 195 |
| they enter into it. |
5 | 195 |
| In terms of HUD's own evaluation of the HECM |
6 | 195 |
| program, they're periodic analyses of the HECM program itself |
7 | 195 |
| indicate that the financial model that's set up the HECM |
8 | 195 |
| program is quite robust and that there is an appreciation |
9 | 195 |
| assumption built into the financial model for the HECM. So |
10 | 195 |
| it seems to be holding its own in terms of the mortgage |
11 | 195 |
| insurance premiums that are collected being sufficient to |
12 | 195 |
| cover the expected losses on the program. |
13 | 195 |
| But as property -- as the 203 -- as the maximum |
14 | 195 |
| single national limit goes up and property values continue to |
15 | 195 |
| increase, that might also adversely affect, you know, the |
16 | 195 |
| cushion that HUD has built up in the mortgage insurance |
17 | 195 |
| premium pool. So it's something that everybody has to I |
18 | 195 |
| think keep a close eye on. |
19 | 195 |
| And I know HUD did an actuarial study that looked |
20 | 195 |
| into some of these matters. So things are changing very |
21 | 195 |
| dramatically as property values appreciate so much. |
22 | 195 |
| MR. AXELSON: Also, I'd just like to point out there |
23 | 195 |
| had been some litigation in connection with some of the older |
24 | 195 |
| products that had the shared equity feature, et cetera. To |
25 | 195 |
| my knowledge, there's not been litigation on the HUD -- on |
1 | 196 |
| HECM or Home Keeper or the Cash Account, the more modern |
2 | 196 |
| products if you will. |
3 | 196 |
| MR. BELL: It's possible that somebody could outlive |
4 | 196 |
| the money that's available to them. If they take it as the |
5 | 196 |
| ten-year payments, then they won't. As long as they're in |
6 | 196 |
| the house, that money will keep flowing. If the money was -- |
7 | 196 |
| the payment was predicated on them living to be 92 and they |
8 | 196 |
| lived to be 102 or 112 or 122, they'll still continue to get |
9 | 196 |
| those payments. |
10 | 196 |
| But otherwise, if they take it another way, it is |
11 | 196 |
| possible that they could outlive it. It would be possible |
12 | 196 |
| that they could outlive their money without the HECM. The |
13 | 196 |
| difference is they would have had to sell the house and moved |
14 | 196 |
| out without the HECM and then they would have outlived their |
15 | 196 |
| money at some point and been equally there. I mean, that's |
16 | 196 |
| one aspect. |
17 | 196 |
| You know, I don't know how you can design a product |
18 | 196 |
| to deal with that. But I think they've done a very job at |
19 | 196 |
| FHA in designing this product that if people do take that |
20 | 196 |
| life ten-year option, they have the ability to stay in that |
21 | 196 |
| house right until their very last day and always continually |
22 | 196 |
| receive income from it. |
23 | 196 |
| MS. ROMAN: I would add that we do operate the HECM |
24 | 196 |
| program on a modest credit subsidy, so we do have a small |
25 | 196 |
| reserve to cover any losses. |
1 | 197 |
| But to Peter's point earlier about perhaps looking |
2 | 197 |
| at reducing the MIP, FHA at this time doesn't see us reducing |
3 | 197 |
| the MIP because we think that could run us into a positive |
4 | 197 |
| credit subsidy and requiring congressional appropriations |
5 | 197 |
| which we don't have now. |
6 | 197 |
| MR. MAHONEY: Just very quickly, most borrowers take |
7 | 197 |
| out the loan thinking they're going to die in the home. And |
8 | 197 |
| the typical borrower is 74- or 75-year-old senior that |
9 | 197 |
| probably has a 12- to 13-year life expectancy. Reality of it |
10 | 197 |
| is the loans on average are repaid in seven years. |
11 | 197 |
| So although they take out the loan thinking they're |
12 | 197 |
| going to stay there forever, they have to downsize, they go |
13 | 197 |
| to an assisted living facility, somewhere along the line |
14 | 197 |
| they're actually moving out sooner, selling the house, taking |
15 | 197 |
| the equity with them onto the next living place to pay for |
16 | 197 |
| their retirement. |
17 | 197 |
| MS. BRAUNSTEIN: And, Barbara, did you have a |
18 | 197 |
| comment about that? |
19 | 197 |
| MS. STUCKI: No. |
20 | 197 |
| MR. CHANIN: Let me shift to disclosure. There has |
21 | 197 |
| been a lot of discussion about counseling. And it seems from |
22 | 197 |
| everyone's point of view that counseling is not only very |
23 | 197 |
| helpful but the most important channel of communication in |
24 | 197 |
| terms of consumers. |
25 | 197 |
| But I would like to focus for a moment on the truth |
1 | 198 |
| in lending and other disclosures. Do consumers look at those |
2 | 198 |
| or are they very secondary in use to consumers? How does |
3 | 198 |
| that fit in in terms of the products and consumers |
4 | 198 |
| understanding these products? |
5 | 198 |
| MR. AXELSON: Well, I just wanted to comment because |
6 | 198 |
| I -- I drafted a lot of these disclosures through the years. |
7 | 198 |
| And I was surprised some of the comments across the room that |
8 | 198 |
| the borrowers didn't understand this or that, because there |
9 | 198 |
| are certain things that are clearly disclosed in the |
10 | 198 |
| disclosures. And to say -- then to hear, well, they don't |
11 | 198 |
| know, you know, to me means they're really not reading them. |
12 | 198 |
| MR. CHANIN: Those may be only the disclosures |
13 | 198 |
| you've drafted. Perhaps you -- |
14 | 198 |
| MR. AXELSON: That's right. So there's clearly some |
15 | 198 |
| disconnect there. Because there were certain things that |
16 | 198 |
| were raised that buyers should understand this but that are |
17 | 198 |
| clearly required to be disclosed in truth in lending and |
18 | 198 |
| they're in there. |
19 | 198 |
| MR. CHANIN: And in your sense, the consumers, do |
20 | 198 |
| they read these or they really rely on the counselors to |
21 | 198 |
| explain these obviously very complicated products in some |
22 | 198 |
| instances? |
23 | 198 |
| MS. KROHN: When you're handed a stack of paper that |
24 | 198 |
| thick and you are expected to read every single piece that's |
25 | 198 |
| in there, disclosures or no disclosures, truth in lending or |
1 | 199 |
| no truth in lending, you absolutely have to have counseling |
2 | 199 |
| to understand. And especially if you don't speak English and |
3 | 199 |
| the person that's negotiating the loan with you is doing |
4 | 199 |
| everything in English. You've got to have the language of |
5 | 199 |
| the person -- of the borrower. And in California we've got |
6 | 199 |
| six languages that are part of a Civil Code that governs that |
7 | 199 |
| for everything except for reverse mortgages. |
8 | 199 |
| So the comprehension and the understanding, I think |
9 | 199 |
| it's critical. And there is a lot of counseling I'm sure, |
10 | 199 |
| but counseling coupled with being able to understand and |
11 | 199 |
| comprehend what is being communicated so that they have a |
12 | 199 |
| better chance of coming away with an understanding of the |
13 | 199 |
| product. |
14 | 199 |
| And you know what? All the counseling in the world |
15 | 199 |
| isn't going to make somebody understand everything there is |
16 | 199 |
| to understand, but you got to do the best you can do to make |
17 | 199 |
| sure that that's communicated. |
18 | 199 |
| MS. BELLING: I was just going to add that I heard a |
19 | 199 |
| lot of -- several people allude to HUD-certified counselors. |
20 | 199 |
| Actually, HUD only certifies the agencies to do this work, or |
21 | 199 |
| approves agencies to do this work. |
22 | 199 |
| And we provided this national exam and now have |
23 | 199 |
| about 350 counselors who have met a very high qualifying |
24 | 199 |
| score on this national exam that follow our detail protocol. |
25 | 199 |
| They go into a fair amount of detail about the total annual |
1 | 200 |
| loan cost rates. |
2 | 200 |
| But there are something like 1,000, 1,200 |
3 | 200 |
| HUD-approved housing counseling agencies that allegedly offer |
4 | 200 |
| this counseling. And, you know, we do hear some horror |
5 | 200 |
| stories about -- we produced a video in 1997 that's 30 |
6 | 200 |
| minutes long with half of it is interviews with three reverse |
7 | 200 |
| mortgages borrowers. And we hear stories of people being |
8 | 200 |
| propped up in a chair and shown this video and asked to |
9 | 200 |
| sign -- and asked if they have any questions and can they |
10 | 200 |
| sign a certificate. |
11 | 200 |
| So we would like to really see -- we worked very |
12 | 200 |
| long and hard to raise the standards and the quality of this |
13 | 200 |
| counseling. We'd like to see HUD step up and require all the |
14 | 200 |
| counselors to pass this exam so that everyone is delivering |
15 | 200 |
| accurate information. |
16 | 200 |
| The other point about the TALC rates is it's only an |
17 | 200 |
| estimate and it presumes that the borrower choose -- takes |
18 | 200 |
| half the money at closing and nothing thereafter. So it's |
19 | 200 |
| just sort of -- and it presumes -- it gives some snapshots |
20 | 200 |
| about property appreciation into the future. |
21 | 200 |
| But nobody has the crystal ball to know exactly when |
22 | 200 |
| they're going to draw down the money and what's going to |
23 | 200 |
| happen to either their home value or the interest rates out |
24 | 200 |
| into the future. So it's really hard to really get a handle |
25 | 200 |