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Building Sustainable Homeownership:
Responsible Lending and Informed Consumer Choice

Federal Reserve Bank of San Francisco
101 Market Street, San Francisco, California 94105
June 16, 2006



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explore those issues a bit. 1176
        One of the things that was mentioned by several of 2176
the speakers was the bill to raise the threshold for FHA 3176
insurance on the HECM products.  And, Ruth, I know you 4176
mentioned it. 5176
        And one of the things I was just wondering is what 6176
is the position of -- something that struck me as 7176
interesting, while it seems like that's a necessity because 8176
we're bumping up against that, at the same time the private 9176
market is developing alternatives to HECM. 10176
        And so can you, and also your fellow panelists, kind 11176
of address that terms of, you know, is there a dire need to 12176
raise the threshold?  Should people be relying more on the 13176
private market for these products?  How does that -- what are 14176
the pros and cons of that? 15176
        MS. ROMAN:  I think from FHA's position, we think 16176
that it's still very important to raise the loan limit to the 17176
conforming limit.  The other products have different features 18176
than the HECM product.  The HECM product still allows for a 19176
larger loan advances to be made, so there's still, you know, 20176
value to having more funds available through the HECM 21176
product. 22176
        MR. AXELSON:  I agree with Ruth.  I think a lot of 23176
the proprietary products, including some that are coming onto 24176
the market I think in the next number of months, I think are 25176
geared more to nonconforming loans, which is above Fannie's 1177
threshold and would be above the threshold that HUD is asking 2177
for. 3177
        MR. CHANIN:  Let me follow up on that.  And earlier 4177
discussions, both today as well as in other cities, have -- 5177
the mortgage market is quite robust.  And Jim or Peter or 6177
Arthur, the products have been out there I guess for 20 7177
years, give or take.  It sounds like the private market 8177
hasn't developed at least as expansively as in other areas. 9177
And why is that?  And to the extent it has developed, it 10177
seems like it's paralleled quite closely FHA's program in 11177
terms of counseling and so forth. 12177
        So how do you see this developing in the future and 13177
do you see different products coming on in terms of different 14177
features, those without counseling and so forth? 15177
        MR. MAHONEY:  I think we view the counseling as best 16177
consumer safeguard.  That's why we require it on proprietary 17177
products.  So all reverse mortgages we do have independent 18177
counseling.  So we think that's a great consumer safeguard. 19177
        If you look back at volume in the industry, up until 20177
about four or five years ago, was really quite small.  So the 21177
secondary market that traditionally drives product 22177
development wasn't really interested, particularly in the 23177
middle of a refi boom in this county, to really look at 24177
product development for an industry that was doing 8,000 25177
loans a year. 1178
        For example, in 2001 we did $300 million in loan 2178
balances.  We did $3 billion in 2005 and we'll do $6 billion 3178
in 2006.  So now the secondary mortgage industry has really 4178
started to become more interested in it.  There's more data 5178
available about the borrowing statistics, life expectancy, 6178
things of that nature with these products.  So now you're 7178
starting to see a full development in the secondary industry. 8178
        The HECM is the most financially appealing product 9178
in the context of how much money a borrower could have, so it 10178
will be competitive for homes under the FHA limits going 11178
forward into the future.  It's very difficult for the private 12178
market to emulate that product. 13178
        MR. CHANIN:  And do you not see different 14178
permutations on the product?  For example, the cost is fairly 15178
significant.  You said I think, Bronwyn, up to $60,000 in 16178
fees over the life of a loan. 17178
        I'm sure that there are agencies out there that 18178
could offer the product with lower fees but maybe without all 19178
the safeguards if you will.  Do you not see those products 20178
developing? 21178
        MR. MAHONEY:  I think you'll see products certainly 22178
develop.  There are fees that are structural elements of the 23178
HECM in particular, the servicing fee, which is normally 24178
built into the interest rate on a traditional loan that the 25178
borrower doesn't see. 1179
        A lot of things that are different structurally 2179
today will change and emulate the traditional mortgage market 3179
as we go forward.  I think you'll see very competitive 4179
products as such, but I don't think you'll see the consumer 5179
safeguards because of the class we're dealing with, when 6179
we're dealing with seniors. 7179
        MR. AXELSON:  I think you will see some of the fees 8179
being built into the rate somewhat.  But also I think the 9179
nonconforming market, I think traditionally reverse mortgages 10179
I think back -- when HECM first came out in '89, it was 11179
really -- the product was really geared as a product of last 12179
resort I think for senior homeowners who were really -- they 13179
needed medical care, they needed medicine, and that's what 14179
the proceeds were used for. 15179
        I think we're starting to see a shift in what's 16179
going to be the typical HECM borrower.  And we have our Baby 17179
Boomers going to be -- supposedly the first ones are going to 18179
be 60 this year.  Within a couple of years they'll be 19179
eligible. 20179
        I think it's -- in a sense it's more financially -- 21179
a financially savvy group of consumers, people that are more 22179
used to mortgaging their homes and more aware of some things 23179
than the last generation.  And so to some degree they may not 24179
need as many safeguards and the pricing may be able to be 25179
adjusted for that reason. 1180
        MR. BELL:  A few thoughts in response to that. 2180
First of all, it needs to be understood that the lion's share 3180
of those fees, more than half, are the HUD mortgage insurance 4180
premiums, including up front and the half percent per year 5180
ongoing on the actual balance that's been drawn down. 6180
        There are a lot of us who believe that there's room 7180
to reduce that, and we do have a working group with the 8180
department to study the program actuarially, to analyze that. 9180
        The fee structure that's in place today was 10180
established prior to any experience.  It was set up front 11180
when the program was implemented back in the late '80's.  And 12180
now that we have a decade plus of experience, we're able to 13180
go back and analyze that and work on that. 14180
        Also, as volume grows, fees fall because part of the 15180
challenge now is that we've been doing such a small annual 16180
volume that the costs of a company -- like there's a very 17180
large cost to enter this.  All the systems have to be 18180
completely engineered from the get-go for this product. 19180
There aren't off-the-shelf systems for this like there are 20180
for other mortgages.  And that has to be amortized over a 21180
much smaller universe of loans.  As that grows, we will see 22180
all of that fall in place. 23180
        Now, the private product would come in and have the 24180
advantage of not having all these mortgage insurance 25180
premiums.  But basically the way they compensate for that is 1181
by providing less money.  They self-insure in effect by 2181
having a lower percentage of value.  So you may knock down 3181
the fees, but you're also reducing the amount of money that's 4181
available. 5181
        MR. CHANIN:  Okay. 6181
        MR. RICHARDS:  Well, just following up on that, 7181
Peter, I presume then once you take out a reverse mortgage, 8181
it's difficult to increase the amount that you've borrowed. 9181
Is that right? 10181
        MR. BELL:  No.  On the contrary.  Not at all. 11181
        There's a few things that happen.  On the HECM 12181
product, or other products that have a line of credit 13181
feature, if somebody originates the loan with a line of 14181
credit, the unused balance in the line of credit grows from 15181
year to year. 16181
        So if someone has a HECM, say their home is worth 17181
$200,000 and their age gives them 50 percent of that, they 18181
start with $100,000 to keep it simple.  If they leave that 19181
$100,000 in that line of credit, a year from now they'll have 20181
roughly $106,000 in that line of credit.  There's a growth 21181
feature there that's going on. 22181
        Secondly, there's the opportunity to refinance a 23181
reverse mortgage.  And HUD actually does a reverse mortgage 24181
insurance premium now -- congress enacted that in 2000 -- to 25181
allow people to do that. 1182
        So what happens is -- a few things can happen over 2182
the life -- since the original loan was taken out.  The 3182
person is older of course, giving them a larger percentage of 4182
value.  The interest rates could have fallen, giving them a 5182
larger amount.  And, of course, the home value could have 6182
grown and, along with that, the FHA limits. 7182
        So if somebody had -- in my $200,000 example, their 8182
age gave them 50 percent, six years ago -- nowadays their 9182
home may be worth $300,000 and their age gives them 65 10182
percent.  They could go back and get a new reverse mortgage 11182
to take advantage of that new situation. 12182
        MR. RICHARDS:  And do there tend to be prepayment 13182
penalties with these? 14182
        MR. BELL:  No.  There are no prepayment penalties 15182
whatsoever on any reverse mortgage product. 16182
        MR. MAHONEY:  Just as a point of information, as a 17182
servicer we see about five percent of our portfolio -- pardon 18182
me.  Sorry.  As a servicer, we see about five percent of our 19182
mortgage portfolio refinanced into new HECMs every year. 20182
        MS. BRAUNSTEIN:  I didn't hear anybody mention 21182
during their opening that there were so-called bad actors out 22182
there taking advantage of people on reverse mortgages.  Is 23182
that a problem at all?  Are you seeing that? 24182
        MS. KROHN:  I think it applies in reverse mortgages 25182
when you try to bundle an annuity with it.  I think that 1183
the -- and this is not something that the Fed would 2183
necessarily be involved in.  It's an insurance issue. 3183
        But what we have found is that very often somebody 4183
will go into a bank or a financial institution to apply for a 5183
reverse mortgage, or start the process, and before they close 6183
on that account, they're referred to that nice young man over 7183
there, that nice young lady, who is sitting at a desk with no 8183
name tag on it, identifying them as an insurance salesman. 9183
        And recently I had a chance to talk to the 10183
Department of Insurance in Sacramento about this, and they 11183
said that that's a very serious problem, where they're just 12183
sort of slipping these annuities into the signed documents. 13183
        And anyone who knows annuities will know that you 14183
probably shouldn't be selling them to somebody in their mid 15183
70's or 80's because they may never live to get the full 16183
benefit of them. 17183
        So that's one thing that we've seen very commonly 18183
applied. 19183
        MR. BELL:  Can I respond to that? 20183
        MS. BRAUNSTEIN:  Go ahead. 21183
        MR. BELL:  I've heard more discussion of that topic 22183
in the Sacramento area than I have anywhere else nationally. 23183
So I guess there might be some folks that are pursuing the 24183
sale of the annuity simultaneously in that particular 25183
instance than I'm aware of anywhere else in the country where 1184
it's going on.  But a few things on it. 2184
        First of all, we as a matter of industry practice, 3184
when we are dealing with a borrower, we make a disclosure 4184
that basically makes clear to the borrower that this money is 5184
yours to spend however you want, and you are under no 6184
obligation whatsoever to purchase any particular service or 7184
product from any particular provider on that.  The money is 8184
disbursed to you, it's your money.  We do not disburse to any 9184
third parties, and we do make that disclosure on it. 10184
        Secondly, there is no product that does require the 11184
purchase of an annuity.  There might have been once upon a 12184
time a good number of years ago.  There is nothing in the 13184
marketplace, nor has been, for several years now that 14184
requires the purchase of that. 15184
        And thirdly, if there is an annuity purchase 16184
involved, I believe the TALC disclosure requires that to be 17184
disclosed in there so it does show up in the numbers that are 18184
provided to the borrower. 19184
        MS. KROHN:  I mean, you guys are far better experts 20184
to discuss this than I am, but what I will tell you is that 21184
there are some bad boys out there that are doing this kind of 22184
thing.  And here again it's not a Fed issue; it's an 23184
insurance issue.  But it is happening.  And I don't think 24184
it's just in the minds of those in Sacramento.  We may have 25184
some testimony to that fact later in the open mic. 1185
        MS. BRAUNSTEIN:  As a follow-up to that, too, in 2185
talking about possible bad actors, one of the things we've 3185
heard a little bit about that I'd like to hear from you is 4185
that, as you say, up until recently these loans were not a 5185
big product and now it's starting to increase.  And I would 6185
imagine with the Baby Boomers coming that it's going to 7185
increase even further. 8185
        What do we see in terms of advertisements for these 9185
loans?  Is there starting to be very aggressive kind of push 10185
marketing like we see for other kinds of products to certain 11185
populations and, you know, what's -- can you -- 12185
        MS. BELLING:  I can speak a little to that.  I think 13185
Peter speaks for most of the major reverse mortgage lenders 14185
in his association, but there are other brokers and lenders 15185
who are not members of NRMLA, of the association. 16185
        And I think, you know, they -- to NRMLA's credit, 17185
they do have a very good code of conduct that sets standards 18185
for their members, but we do get complaints from other 19185
lenders who are not -- and on behalf of brokers and other 20185
third parties who are not affiliated with the national 21185
association. 22185
        I think in terms of advertising, most of the 23185
advertising that we do see is pretty much above board.  We 24185
hear about seminars and other questionable events going on 25185
around the country, and I think people tend to turn to AARP 1186
as sort of a consumer watchdog for these kinds of practices. 2186
        In 1997 we heard about a fee being charged from a 3186
third party in Southern California to direct people to a 4186
reverse mortgage lender that led to a lot of confusion and a 5186
lot of financial abuse frankly.  And HUD stepped in and 6186
efforts were taken.  There were some lawsuits.  It's a much 7186
longer story. 8186
        But HUD -- the truth in lending requirements were 9186
broad and HUD expanded the requirements under the counseling 10186
certificate.  And the major lenders in the field who were 11186
buying these loans from these referring third parties 12186
basically said they would no longer do business with them. 13186
So fortunately those folks are no longer, to our knowledge, 14186
visible in the market. 15186
        But I do think with the growth of the market that we 16186
have to be more vigilant.  And I'm appreciative that AARP is 17186
held in such high trust in many places that we do tend to get 18186
these kinds of complaints from time to time. 19186
        We now sort of automatically share them with HUD 20186
staff, both in Washington, D.C. and regionally, when they -- 21186
and most of them do pertain to third parties selling the HECM 22186
in combination with other products or home repair schemes and 23186
so on. 24186
        So I think we have to remain extremely vigilant. 25186
The counseling component is a good consumer protection but it 1187
isn't everything.  And some of these things do happen outside 2187
of the -- my concern about waiting 30 days after the reverse 3187
mortgage transaction, then it falls completely out of the 4187
purview of all the disclosures and what have you. 5187
        So I don't know if a delay is really going to help 6187
much if someone comes behind a month later to sell someone an 7187
annuity.  If they don't fully understand the transaction, 8187
then I think they're a little bit more at risk than if it has 9187
to be disclosed in the current TALC requirements. 10187
        MS. BRAUNSTEIN:  One of the things that's been 11187
talked about obviously is the required counseling.  And I 12187
have to say that in preparing for this hearing and reading 13187
through lots of materials on all different products, 14187
including this one, one of the things that really struck me 15187
was the booklet that AARP has out. 16187
        MS. BELLING:  Right. 17187
        MS. BRAUNSTEIN:  And the fact that it's like 45 18187
pages long. 19187
        MS. BELLING:  Indeed it is.  This is a major 20187
complicated financial transaction that involves your largest 21187
and many people's only major asset.  So it speaks to the 22187
complications and the depth of the transaction and how 23187
important it is for consumers to understand not only how the 24187
loan works but alternatives to the loan as well that may be 25187
much more suitable to meet their needs. 1188
        MS. BRAUNSTEIN:  Which made me wonder how much 2188
people really do understand these transactions when they get 3188
into it.  I mean, that's a lot to absorb and understand. 4188
        Peter. 5188
        MR. BELL:  Sandy, I would say a few things.  First 6188
of all, there's been a lot of efforts within the industry to 7188
get out and do consumer education, both by AARP, NCOA, the 8188
industry itself, each of us separately, a lot of us 9188
collectively. 10188
        There's a lot of web sites.  We do get a lot of 11188
traffic on our web site.  On AARP, the reverse mortgage page 12188
I think is one of their most frequently visited pages in the 13188
whole AARP web operations. 14188
        People do a lot of homework on these.  It's very 15188
interesting.  And beyond doing the homework, they do it on 16188
their own, they get educated by the lender, and then they go 17188
and they get the independent third-party discussion with a 18188
counselor.  So there is a fair amount that's out there. 19188
        Besides AARP's book, there's a couple of good books 20188
that have been published commercially.  There's the Dummy's 21188
Guide, Reverse Mortgage for Complete Idiots.  There's books 22188
by journalists.  We have a series of consumer books that we 23188
distribute free to consumers.  We give out tens of thousands 24188
of those.  Maybe even a hundred thousand of those every year. 25188
        So there is a fair amount -- Fannie Mae puts out 1189
information.  There's some very good videos.  Jim's company 2189
has done an excellent video, as has another organization.  So 3189
there's a fair amount of information that's out there. 4189
        But once again, the counseling network is a key 5189
component of the consumer education process.  There's no 6189
other product that I know of that exists where this 7189
counseling is in there that, you know, before you could do 8189
the transaction you have to go to that counselor. 9189
        We cannot subject the borrower, the prospective 10189
borrower, to any costs whatsoever until that prospective 11189
borrower has been through the counseling and provided a 12189
counseling certificate to the lender. 13189
        MR. CHANIN:  Let me shift -- 14189
        MS. STUCKI:  If I could just add to that.  One of 15189
the things that we have been doing is partnering with the 16189
Administration on Aging, because we're trying to get out 17189
through as many different conduits as possible to reach 18189
potential borrowers who may be facing different needs. 19189
        The Administration on Aging has its aging network 20189
with thousands of members who are already counseling seniors 21189
about a wide array of issues dealing with chronic health 22189
needs.  And they have stepped up to the plate and are 23189
actively getting involved in providing HECM counseling 24189
through our new network. 25189
        And I think that's going to be another opportunity 1190
and avenue to address the very specific needs of seniors. 2190
Because often times the needs of somebody who has a health 3190
condition and the solutions are going to be rather different 4190
from somebody who is trying to either pay the monthly bill or 5190
buy an RV. 6190
        So I think we're going to start to see perhaps more 7190
specialized counseling coming out.  I know we are also 8190
talking with a financial planning association to start 9190
educating financial planners more about this issue.  And I 10190
think that is -- again, part of the thing is that we get a 11190
more targeted message out to address specific needs, and I 12190
think that's beginning to happen. 13190
        MR. CHANIN:  Let me shift a little bit.  And Arthur, 14190
you and Ruth both mentioned, Ruth in terms of prospectively, 15190
that HECMs or reverse mortgages either can or maybe will be 16190
with legislation be able to be used to purchase a home. 17190
        Can you discuss that a little bit more and the other 18190
panelists on both sides whether you see that developing in 19190
terms of the product, whether you see issues associated with 20190
that use of these products to purchase a home and just those 21190
types of issues? 22190
        MS. ROMAN:  I would say from FHA's perspective, we 23190
just know that there's been a lot of interest and expressed 24190
to FHA for that type of product.  And we know it's something 25190
that currently occurs with other products and so we're trying 1191
to figure out once the statute hopefully is passed -- right 2191
now we're working on how that would be structured and 3191
actually how it -- 4191
        MS. BRAUNSTEIN:  People are having a hard time -- 5191
I'm sorry, Ruth.  Can you bring it closer? 6191
        MS. ROMAN:  OH, what I was saying from FHA's 7191
perspective, we received a lot of interest to getting that 8191
type of product for HECM. 9191
        And, you know, we're hoping that the statute will be 10191
passed.  And we're really looking at the other products that 11191
are out there for purchase and focused on how to 12191
operationalize it. 13191
        MR. AXELSON:  Fannie Mae has had the product -- I'm 14191
not sure -- for purchase for a while.  I'm not sure what the 15191
numbers are in terms of -- but it does give the seniors 16191
greater flexibility.  I mean, you know, a lot of them want to 17191
age in place, but sometimes they want to relocate for family 18191
or health reasons or whatever. 19191
        And rather than getting a traditional mortgage, I 20191
mean, the Home Keeper for Home Purchase, they can often 21191
qualify for larger amount of funds than -- and buy a better 22191
home because there's no income limits or income test.  It's 23191
based on their age, the value of the property.  And so it 24191
just -- it's another flexible piece to, you know, retirement 25191
solutions and planning. 1192
        MR. CHANIN:  Peter. 2192
        MR. BELL:  Sure.  The classic case of HECM for home 3192
purchase would be a case where you have a couple that's been 4192
in a home for a long time.  It's very often a multi-story 5192
home, deferred maintenance, a lot of property to take care 6192
of.  They don't necessarily have cash sitting in the bank to 7192
be able to take care of it and they're interested in moving 8192
to a smaller, newer, single story product that better fits 9192
their needs. 10192
        Well, very often these days with home values being 11192
what they are, land costs, development costs, that smaller 12192
and newer product is actually more expensive than the value 13192
of their older home.  The HECM for home purchase concept will 14192
allow them to sell their home and either supplement the 15192
proceeds that they get from that or even perhaps not throw 16192
all the proceeds that they take out into the new purchase. 17192
        So, for example, if someone got 50 percent of the 18192
value of the new home, if they were buying a $300,000 home, 19192
they could get 150,000 out of the HECM.  If their old home is 20192
worth 200, they could sell that and have no mortgage to make, 21192
have the $300,000 home, and have $50,000 cash reserves. 22192
        So it really totally transforms their living -- 23192
could totally transform their living situation.  So it would 24192
be a very good product to have. 25192
        MR. AXELSON:  And the borrower can decide how much 1193
of their own money they want to put down and how much they 2193
want to borrow.  So there really is flexibility. 3193
        MR. CHANIN:  Bronwyn? 4193
        MS. BELLING:  Yea, I was going to say I think some 5193
people are -- that the HECM for home purchase would allow 6193
people to trade down and into more appropriate living 7193
arrangements, pretty much what Peter had to say as well.  So 8193
I think it would add a lot to the options. 9193
        You hear a lot of sometimes negative criticism about 10193
these loans keeping people in older houses longer than is 11193
appropriate.  So allowing them to move to something more 12193
suitable to meet their needs better, I think it would be a 13193
very good thing. 14193
        MR. CHANIN:  Okay. 15193
        MS. STUCKI:  Just to add to that, again coming from 16193
the perspective of a chronic health condition, this is 17193
exactly a great idea.  There are many new models for housing 18193
that are now being opened up, co-housing and other kind of 19193
models where a person still owns their -- the place where 20193
they live, but they're not necessarily the traditional single 21193
family home. 22193
        And to the extent that these kinds of loans can 23193
enable a person to move to these very supportive settings and 24193
also provide some additional cash to help them pay for the 25193
services that they need to be able to sustain themselves in 1194
the home, it may be ideal for somebody with a chronic health 2194
problem. 3194
        MS. BRAUNSTEIN:  Have there been problems in the 4194
existing portfolios with -- this sounds kind of morbid -- but 5194
people outliving their loans basically and using up all their 6194
equity and their payments cease?  Because obviously medicine 7194
is improving and people are living longer.  And, you know, 8194
they took out a loan maybe 20 years ago and not envisioning 9194
that they'd still be alive now but they are. 10194
        MR. AXELSON:  I mean, the benefit in HECM of the 11194
ten-year plan payment is that as long as the consumer remains 12194
in their home and using it as their principal residence, 13194
their payments continue whether the outstanding balance is 14194
below or exceeds the value of the home. 15194
        MS. BRAUNSTEIN:  No, I understand that.  But I guess 16194
I'm asking a more general question.  Because HECM came along 17194
a little bit late -- there were products before HECM and some 18194
of those -- you know, I'm just wondering about even the 19194
private products that were out there before HECM came along 20194
with its safeguards.  Have you heard anything about there 21194
being problems like that for people who got them? 22194
        MS. BELLING:  The earlier -- there were some private 23194
plans before the HECM that involved giving up a share of the 24194
future appreciation or an equity -- a share of the equity in 25194
the house and there were some problems with that. 1195
        I think that's why AARP has supported and advocated 2195
so vehemently for the counseling component to really help 3195
people -- require people to understand the transaction before 4195
they enter into it. 5195
        In terms of HUD's own evaluation of the HECM 6195
program, they're periodic analyses of the HECM program itself 7195
indicate that the financial model that's set up the HECM 8195
program is quite robust and that there is an appreciation 9195
assumption built into the financial model for the HECM.  So 10195
it seems to be holding its own in terms of the mortgage 11195
insurance premiums that are collected being sufficient to 12195
cover the expected losses on the program. 13195
        But as property -- as the 203 -- as the maximum 14195
single national limit goes up and property values continue to 15195
increase, that might also adversely affect, you know, the 16195
cushion that HUD has built up in the mortgage insurance 17195
premium pool.  So it's something that everybody has to I 18195
think keep a close eye on. 19195
        And I know HUD did an actuarial study that looked 20195
into some of these matters.  So things are changing very 21195
dramatically as property values appreciate so much. 22195
        MR. AXELSON:  Also, I'd just like to point out there 23195
had been some litigation in connection with some of the older 24195
products that had the shared equity feature, et cetera.  To 25195
my knowledge, there's not been litigation on the HUD -- on 1196
HECM or Home Keeper or the Cash Account, the more modern 2196
products if you will. 3196
        MR. BELL:  It's possible that somebody could outlive 4196
the money that's available to them.  If they take it as the 5196
ten-year payments, then they won't.  As long as they're in 6196
the house, that money will keep flowing.  If the money was -- 7196
the payment was predicated on them living to be 92 and they 8196
lived to be 102 or 112 or 122, they'll still continue to get 9196
those payments. 10196
        But otherwise, if they take it another way, it is 11196
possible that they could outlive it.  It would be possible 12196
that they could outlive their money without the HECM.  The 13196
difference is they would have had to sell the house and moved 14196
out without the HECM and then they would have outlived their 15196
money at some point and been equally there.  I mean, that's 16196
one aspect. 17196
        You know, I don't know how you can design a product 18196
to deal with that.  But I think they've done a very job at 19196
FHA in designing this product that if people do take that 20196
life ten-year option, they have the ability to stay in that 21196
house right until their very last day and always continually 22196
receive income from it. 23196
        MS. ROMAN:  I would add that we do operate the HECM 24196
program on a modest credit subsidy, so we do have a small 25196
reserve to cover any losses. 1197
        But to Peter's point earlier about perhaps looking 2197
at reducing the MIP, FHA at this time doesn't see us reducing 3197
the MIP because we think that could run us into a positive 4197
credit subsidy and requiring congressional appropriations 5197
which we don't have now. 6197
        MR. MAHONEY:  Just very quickly, most borrowers take 7197
out the loan thinking they're going to die in the home.  And 8197
the typical borrower is 74- or 75-year-old senior that 9197
probably has a 12- to 13-year life expectancy.  Reality of it 10197
is the loans on average are repaid in seven years. 11197
        So although they take out the loan thinking they're 12197
going to stay there forever, they have to downsize, they go 13197
to an assisted living facility, somewhere along the line 14197
they're actually moving out sooner, selling the house, taking 15197
the equity with them onto the next living place to pay for 16197
their retirement. 17197
        MS. BRAUNSTEIN:  And, Barbara, did you have a 18197
comment about that? 19197
        MS. STUCKI:  No. 20197
        MR. CHANIN:  Let me shift to disclosure.  There has 21197
been a lot of discussion about counseling.  And it seems from 22197
everyone's point of view that counseling is not only very 23197
helpful but the most important channel of communication in 24197
terms of consumers. 25197
        But I would like to focus for a moment on the truth 1198
in lending and other disclosures.  Do consumers look at those 2198
or are they very secondary in use to consumers?  How does 3198
that fit in in terms of the products and consumers 4198
understanding these products? 5198
        MR. AXELSON:  Well, I just wanted to comment because 6198
I -- I drafted a lot of these disclosures through the years. 7198
And I was surprised some of the comments across the room that 8198
the borrowers didn't understand this or that, because there 9198
are certain things that are clearly disclosed in the 10198
disclosures.  And to say -- then to hear, well, they don't 11198
know, you know, to me means they're really not reading them. 12198
        MR. CHANIN:  Those may be only the disclosures 13198
you've drafted.  Perhaps you -- 14198
        MR. AXELSON:  That's right.  So there's clearly some 15198
disconnect there.  Because there were certain things that 16198
were raised that buyers should understand this but that are 17198
clearly required to be disclosed in truth in lending and 18198
they're in there. 19198
        MR. CHANIN:  And in your sense, the consumers, do 20198
they read these or they really rely on the counselors to 21198
explain these obviously very complicated products in some 22198
instances? 23198
        MS. KROHN:  When you're handed a stack of paper that 24198
thick and you are expected to read every single piece that's 25198
in there, disclosures or no disclosures, truth in lending or 1199
no truth in lending, you absolutely have to have counseling 2199
to understand.  And especially if you don't speak English and 3199
the person that's negotiating the loan with you is doing 4199
everything in English.  You've got to have the language of 5199
the person -- of the borrower.  And in California we've got 6199
six languages that are part of a Civil Code that governs that 7199
for everything except for reverse mortgages. 8199
        So the comprehension and the understanding, I think 9199
it's critical.  And there is a lot of counseling I'm sure, 10199
but counseling coupled with being able to understand and 11199
comprehend what is being communicated so that they have a 12199
better chance of coming away with an understanding of the 13199
product. 14199
        And you know what?  All the counseling in the world 15199
isn't going to make somebody understand everything there is 16199
to understand, but you got to do the best you can do to make 17199
sure that that's communicated. 18199
        MS. BELLING:  I was just going to add that I heard a 19199
lot of -- several people allude to HUD-certified counselors. 20199
Actually, HUD only certifies the agencies to do this work, or 21199
approves agencies to do this work. 22199
        And we provided this national exam and now have 23199
about 350 counselors who have met a very high qualifying 24199
score on this national exam that follow our detail protocol. 25199
They go into a fair amount of detail about the total annual 1200
loan cost rates. 2200
        But there are something like 1,000, 1,200 3200
HUD-approved housing counseling agencies that allegedly offer 4200
this counseling.  And, you know, we do hear some horror 5200
stories about -- we produced a video in 1997 that's 30 6200
minutes long with half of it is interviews with three reverse 7200
mortgages borrowers.  And we hear stories of people being 8200
propped up in a chair and shown this video and asked to 9200
sign -- and asked if they have any questions and can they 10200
sign a certificate. 11200
        So we would like to really see -- we worked very 12200
long and hard to raise the standards and the quality of this 13200
counseling.  We'd like to see HUD step up and require all the 14200
counselors to pass this exam so that everyone is delivering 15200
accurate information. 16200
        The other point about the TALC rates is it's only an 17200
estimate and it presumes that the borrower choose -- takes 18200
half the money at closing and nothing thereafter.  So it's 19200
just sort of -- and it presumes -- it gives some snapshots 20200
about property appreciation into the future. 21200
        But nobody has the crystal ball to know exactly when 22200
they're going to draw down the money and what's going to 23200
happen to either their home value or the interest rates out 24200
into the future.  So it's really hard to really get a handle 25200

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2006 Hearings