BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1609
                                                                  Page  1

          Date of Hearing:   June 13, 1006

                           ASSEMBLY COMMITTEE ON JUDICIARY
                                  Dave Jones, Chair
                    SB 1609 (Simitian) - As Amended:  June 8, 2006

           SENATE VOTE  :   21-15
           
          SUBJECT  :   REVERSE MORTGAGES

           KEY ISSUE  :  SHOULD CONSUMER RIGHTS BE PROTECTED, WHEN APPLYING  
          FOR A REVERSE MORTGAGE LOAN, BY REQUIRING THEM TO RECEIVE  
          INDEPENDENT COUNSELING AND A CONTRACT TRANSLATED IN THEIR  
          PRIMARY LANGUAGE, WHEN APPROPRIATE? 

                                      SYNOPSIS
          
          This bill prohibits a reverse mortgage lender from accepting a  
          reverse mortgage application until the lender has received a  
          certification from the potential borrower that the borrower  
          received independent counseling regarding the reverse mortgage.   
          The bill also prohibits reverse mortgage lenders from requiring  
          an applicant to purchase an annuity, and requires the lender to  
          translate the reverse mortgage contract into the borrower's  
          primary language.  The author states that reverse mortgage loans  
          are complex and expensive, and are offered mainly to the  
          elderly.  According to the author, these factors make reverse  
          mortgages ripe for financial fraud and abuse against seniors.   
          The author also explains that such factors have also created a  
          breeding ground for lenders and brokers that prey on non-English  
          speaking California residents.  Supporters, including the  
          American Association of Retired Persons, Consumer Attorneys of  
          California and Consumers Union, state that it is important to  
          place some reasonable limitations on the sale of annuities in  
          connection with a reverse mortgage, and to ensure that those  
          considering a reverse mortgage are well informed of the options  
          and consequences before making a decision on a reverse mortgage.  
           This bill has no opposition.
           
          SUMMARY  :   Seeks to require a reverse mortgage lender to refer  
          potential borrowers to independent counseling and to provide a  
          translated reverse mortgage contract, when appropriate.  
          Specifically,  this bill  :   

          1)Requires a lender to refer a prospective borrower to a housing  








                                                                  SB 1609
                                                                  Page  2

            counseling agency approved by the United States Department of  
            Housing and Urban Development before accepting a reverse  
            mortgage application.  The counseling referral is for the  
            purpose of discussing the advisability of a particular loan  
            and the appropriateness of that loan for the prospective  
            borrower.  The lender cannot accept the reverse mortgage  
            application until it first receives a certification from the  
            borrower stating that the borrower received the described  
            counseling.   

          2)Prohibits a lender from requiring an applicant for a reverse  
            mortgage to purchase an annuity as a condition of obtaining a  
            reverse mortgage and prohibits any person from selling an  
            annuity to a reverse mortgage borrower 30 days after the  
            closing of the reverse mortgage loan if that person knew or  
            should have known about the existence and closing date of the  
            reverse mortgage loan.  

          3)Requires a reverse mortgage contract be translated into the  
            appropriate language when negotiations for the reverse  
            mortgage contract were conducted in another language.  

           EXISTING LAW  : 

          1)Defines a reverse mortgage as a non-recourse loan secured by a  
            borrower's owner-occupied principal residence which: (1)  
            provides cash advances based on the value in the residence;  
            (2) requires no payment of principal or interest until the  
            entire loan becomes due; and (3) is made by a lender licensed  
            and chartered pursuant to state or federal law.  (Civil Code  
            section 1923.)  Stipulates that a reverse mortgage loan is due  
            when: (1) the residence securing the loan is sold or  
            transferred; (2) all borrowers stop occupying the dwelling as  
            a principal residence, as specified; (3) a fixed maturity date  
            occurs; or (4) an event specified in the loan documents  
            occurs, whish jeopardizes the lender's security.  (Civil Code  
            section 1923.2(f).)

          2)Requires a lender to provide a statement to a prospective  
            borrower before accepting a reverse mortgage loan application,  
            advising the borrower of his or her rights.  (Civil Code  
            section 1923.5.)

          3)Establishes that an individual annuity contract issued to a  
            senior citizen, 60 years old or older, may be cancelled for a  








                                                                  SB 1609
                                                                  Page  3

            full refund within 30 days.  (Insurance Code section  
            10127.10.)

          4)Requires certain listed contracts be translated when  
            negotiations for the contract were conducted in another  
            language.  (Civil Code section 1632.)

          5)Stipulates that a reverse mortgage may only be federally  
            insured if it is provided to mortgagors who: (1) are at least  
            62 years of age; (2) have received "adequate counseling by a  
            third party;" and (3) have received full disclosure of all  
            costs.  For the third-party counseling requirement, a  
            mortgagee must provide a list of contact information for  
            reverse mortgage counselors who are approved by the Secretary  
            of the Department of Housing and Urban Development at the time  
            of the mortgage application.  (12 U.S.C.S. sections  
            1715z-20(d)(2).)

           FISCAL EFFECT  :   As currently in print this bill is keyed  
          non-fiscal.

           COMMENTS  :  This bill prohibits a reverse mortgage lender from  
          accepting a reverse mortgage application until the lender has  
          received a certification from the potential borrower that the  
          borrower received independent counseling regarding the reverse  
          mortgage.  This bill also prohibits reverse mortgage lenders  
          from requiring an applicant to purchase an annuity and requires  
          the lender to translate the reverse mortgage contract into  
          Spanish, Chinese, Tagalog, Vietnamese or Korean if the contract  
          was primarily negotiated in one of those languages.  The author  
          states that this bill provides more safeguards that are needed  
          to ensure that borrowers of reverse mortgages are protected and  
          fully informed of the terms of the transaction.  The author  
          states that reverse mortgage loans are very complex and  
          expensive loans that are offered mainly to the elderly.   
          According to the Center for Responsible Lending, these reverse  
          mortgage loans, "are targeted at an elderly population that may  
          be less equipped to understand all of the nuance and  
          complexities of the transactions."  According to the author,  
          these factors make reverse mortgages ripe for financial fraud  
          and abuse against seniors.  The author also explains that such  
          factors have also created a breeding ground for lenders and  
          brokers that prey on non-English speaking California residents.
           Reverse Mortgages  .  A reverse mortgage is a type of loan which  
          allows homeowners to borrow against the equity in their home in  








                                                                  SB 1609
                                                                  Page  4

          order to access funds.  The amount loaned, plus potentially  
          significant interest, becomes due when the person dies and/or  
          the house is sold.  These mortgages are primarily marketed to  
          the elderly.  These loans are called reverse mortgages because  
          the lender makes monthly payments to the borrower and, when the  
          home is either sold, or the borrower dies, the funds from the  
          sales go to the lender, to pay the debt.   
           
           Limitations on the Purchase of Annuities  .  An annuity is  
          insurance financed out of a home's equity that provides monthly  
          payments to the borrower.  This bill prohibits reverse mortgage  
          lenders from requiring an applicant to purchase an annuity and  
          prohibits any person from selling an annuity to a reverse  
          mortgage borrower 30 days after the closing of the reverse  
          mortgage loan if that person knew or should have known about the  
          existence and closing date of the reverse mortgage loan.  This  
          bill seeks to address the frequency with which annuities are  
          offered, and even required, as a part of reverse mortgage  
          transactions.   
           
          Consumers Union explains that a senior may already be able to  
          obtain monthly payments through a reverse mortgage transaction,  
          without the additional transaction costs of purchasing an  
          annuity.  Consumers Union also argues that the purchase of the  
          annuity may damage seniors and erase the benefits of a reverse  
          mortgage transaction by tying up the money from the reverse  
          mortgage transaction for an extended period of time in an  
          annuity.  Such annuities have substantial penalties on any  
          withdrawal prior to the annuity's maturity date.  

          The Insurance Commissioner argues that this separation will  
          provide a buffer from the aggressive marketing of annuities in  
          connection with reverse mortgages and against attempts to sell  
          unnecessary annuities.  The Commissioner further argues that  
          this provision is necessary in order to prevent the illusion  
          that the annuity purchase is a necessary or beneficial part of  
          the reverse mortgage transaction.  

           Required Translation of Reverse Mortgage Loan Contracts  .  This  
          bill adds reverse mortgage contracts to a list of contracts  
          currently subject to Section 1632 of the Civil Code, which  
          requires a written contract to be provided in Spanish, Tagalog,  
          Chinese, Korean, or Vietnamese if the language of the contract  
          was primarily negotiated in one of those languages.  The author  
          states that this requirement is necessary to combat the  








                                                                  SB 1609
                                                                  Page  5

          potential for fraud when contract negotiations are conducted in  
          one language but the final contract is drafted in English.  
           
           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Advisory Council of Area 4 Agency on Aging
          American Association of Retired Persons, California
          California Advocates for Nursing Home Reform
          California Alliance for Retired Americans
          California Association of Community Organizations for Reform Now
          California Association of Mortgage Brokers
          California Reinvestment Coalition
          California Senior Legislature
          California Seniors Coalition
          Center for Responsible Lending
          City of Oakland
          Community Housing Development Corporation of North Richmond
          Community Legal Services in East Palo Alto
          Congress of California Seniors
          Consumer Action
          Consumer Attorneys of California 
          Consumer Federation of California
          Consumers Union
          Contra Costa Advisory on Aging
          Fair Housing Law Project
          Fair Housing of Marin
          Fair Housing of Sonoma County 
          Gray Panthers
          Housing Rights, Inc.
          Insurance Commissioner John Garamendi
          Project Sentinel
          Public Advocates, Inc
          Public Interest Law Firm
          San Francisco District Attorney's Office
          Triple-A Council of California
          Trusts and Estates Law Section of the State Bar of California 
          Six individuals
           
            Opposition 
           
          None on file.

           Analysis Prepared by  :    Manuel Valencia / JUD. / (916) 319-2334  








                                                                  SB 1609
                                                                  Page  6