BILL ANALYSIS                                                                                                                                                                                                    Ó






                  SENATE BANKING & FINANCIAL INSTITUTIONS COMMITTEE
                             Senator Noreen Evans, Chair
                              2013-2014 Regular Session

          AB 1700 (Medina)                        Hearing Date:  June 4,  
          2014  

          As Amended: April 9, 2014
          Fiscal:             No
          Urgency:       No
          

           SUMMARY    Would revise the disclosure form that must be provided  
          to prospective reverse mortgage borrowers and replace the  
          written checklist that is currently required to be provided to  
          prospective reverse mortgage borrowers with a written worksheet  
          guide, whose content this bill would specify.  Would prohibit a  
          reverse mortgage lender from accepting a final and complete  
          reverse mortgage application from a prospective reverse mortgage  
          borrower until at least seven days have passed since that  
          borrower received reverse mortgage counseling.  
          
           DESCRIPTION
           
            1.  Would revise the disclosure statement that must be provided  
              by a reverse mortgage lender to each prospective reverse  
              mortgage borrower before accepting a reverse mortgage loan  
              application from that borrower.  The portion of the  
              disclosure statement that would be changed is reproduced  
              below, with the proposed changes shown.  

           "A REVERSE MORTGAGE IS A COMPLEX FINANCIAL TRANSACTION.  IF YOU  
              DECIDE TO OBTAIN A REVERSE MORTGAGE LOAN, YOU WILL SIGN  
              BINDING LEGAL DOCUMENTS THAT WILL HAVE IMPORTANT LEGAL AND  
              FINANCIAL IMPLICATIONS FOR YOU AND YOUR ESTATE.  IT IS  
              THEREFORE IMPORTANT TO UNDERSTAND THE TERMS OF THE REVERSE  
              MORTGAGE AND ITS  EFFECT  . EFFECT ON YOUR FUTURE NEEDS. BEFORE  
              ENTERING INTO THIS TRANSACTION, YOU ARE REQUIRED TO CONSULT  
              WITH AN INDEPENDENT  LOAN COUNSELOR  . REVERSE MORTGAGE LOAN  
              COUNSELOR TO DISCUSS WHETHER OR NOT A REVERSE MORTGAGE IS  
              SUITABLE FOR YOU. A LIST OF APPROVED COUNSELORS WILL BE  
              PROVIDED TO YOU BY THE LENDER.

           2.  Would require a reverse mortgage lender, before accepting a  
              reverse mortgage loan application from a prospective reverse  
              mortgage borrower, to provide that borrower with a written  




                                               AB 1700 (Medina), Page 2




              reverse mortgage worksheet guide, in 14-point type or  
              larger.  Would provide that if a borrower seeks reverse  
              mortgage counseling before requesting a reverse mortgage  
              loan application from a reverse mortgage lender, the  
              counseling agency would be required to provide the worksheet  
              guide to the prospective borrower.

           3.  Would specify the wording of the reverse mortgage worksheet  
              guide, as follows: 

               a.     The guide would inform prospective borrowers that  
                 the State of California advises them to carefully read  
                 and complete the worksheet and bring it with them to  
                 their counseling session.  It would advise prospective  
                 borrowers that they may speak openly and confidentially  
                 with a professional reverse mortgage counselor that is  
                 independent of the lender, whose only job is to help them  
                 understand what it means for them to become involved with  
                 that particular loan.  

               b.     The guide would include five questions, each of  
                 which would be accompanied by a few paragraphs explaining  
                 relevant rules and considerations intended to help  
                 prospective borrowers answer those questions.  Each set  
                 of questions, rules, and considerations would be followed  
                 by the question, "Do you need to discuss this with your  
                 counselor?  Yes or No."

               The five questions would include:  "What happens to others  
                 in your home after you die or move out? Do you know that  
                 you can default on a reverse mortgage?  Have you fully  
                 explored other options?  Are you intending to use the  
                 reverse mortgage to purchase a financial product?  Do you  
                 know that a reverse mortgage may impact your eligibility  
                 for government assistance programs?"  

           4.  Would prohibit a reverse mortgage lender from accepting a  
              final and complete reverse mortgage loan application until  
              at least seven days have passed from the date of counseling,  
              as evidenced by the counseling certification.  

           5.  Would prohibit a reverse mortgage lender from approving a  
              reverse mortgage loan application submitted by any borrower  
              that did not submit a reverse mortgage worksheet guide  
              signed by that borrower and accompanied by a certification  
              of counseling.  




                                               AB 1700 (Medina), Page 3





           EXISTING FEDERAL LAW AND REGULATIONS
           
           6.  Define a reverse mortgage as a nonrecourse consumer credit  
              obligation in which a mortgage, deed of trust, or equivalent  
              consensual security interest securing one or more advances is  
              created in the consumer's principal dwelling, and any principal,  
              interest, or shared appreciation or equity is due and payable  
              (other than in the case of default) only after the consumer  
              dies, the dwelling is transferred, or the consumer ceases to  
              occupy the dwelling as a principal dwelling (12 CFR 226.33).

           7.  Require a creditor who issues a reverse mortgage to provide  
              specified disclosures to the borrower, informing the borrower  
              that he or she is not obligated to complete the reverse mortgage  
              transaction merely because he or she has received the  
              disclosures required by federal law or has signed an application  
              for a reverse mortgage loan; providing the borrower with a  
              good-faith projection of the total cost of the credit to him or  
              her, as specified; and itemizing pertinent information about the  
              loan, including the loan terms, charges, the age of the youngest  
              borrower, and the appraised property value (12 CFR 226.33).

           8.  Provide consumers with a three-day right to rescind a consumer  
              credit transaction, other than a residential mortgage, in which  
              a security interest is or will be retained or acquired in a  
              consumer's principal dwelling, as specified (12 CFR 226.23).

           9.  Establish, within the United States Department of Housing and  
              Urban Development (HUD), the Home Equity Conversion Mortgage  
              (HECM) program to provide federal insurance for reverse  
              mortgages that meet HUD requirements.  Make the HECM loan  
              available to persons 62 years of age and older and provide that  
              HECM loans, made against home equity, shall not come due until  
              the borrower(s) dies, moves out of the home permanently, or  
              sells the home.  Provide, however, that loan may become due  
              earlier if the borrower(s) fails to pay property taxes or to  
              maintain the home, as specified in the loan agreement.  Provide  
              that at the time the loan comes due, the property shall be sold  
              to retire the loan amount, with any residue returning to the  
              estate or heirs of the borrower.  Require any prospective heir  
              to satisfy the lender's lien before taking title to the property  
              (24 CFR Part 206).

           10. Require that all applicants for an insured HECM loan receive  
              adequate counseling from an independent third party that is not,  




                                               AB 1700 (Medina), Page 4




              either directly or indirectly, associated with or compensated by  
              the lender, loan originator, or loan servicer, or by any party  
              associated with the sale of annuities, investments, long-term  
              care insurance, or any other type of financial or insurance  
              product.  Require the lender, at the time of initial contact, to  
              provide the borrower with a list of approved HUD counseling  
              agencies (24 CFR 206.41).

           EXISTING STATE LAW
           
           1.  Defines a reverse mortgage as a nonrecourse loan secured by  
              real property, which meets all of the following criteria (Civil  
              Code Section 1923):  

               a.     The loan provides cash advances to a borrower based on  
                 the equity or value in a borrower's owner-occupied principal  
                 residence.

               b.     The loan requires no payment of principal or interest  
                 until the entire loan becomes due and payable.

               c.     The loan is made by a lender licensed or chartered  
                 pursuant to California or federal law.

           2.  Specifies several conditions that must be satisfied by lenders  
              who make reverse mortgage loans, and several prohibitions that  
              apply to those lenders, and includes among those rules, the  
              following (Civil Code Section 1923.2):

               a.     Before a lender may accept a final and complete  
                 application for a reverse mortgage loan or assess any fees,  
                 that lender must:

                     i.          Refer the prospective borrower to a housing  
                      counseling agency approved by the United States  
                      Department of Housing and Urban Development (HUD);

                     ii.         Provide the borrower with a list of at least  
                      ten housing counseling agencies approved by HUD,  
                      including at least two agencies that can provide  
                      counseling by telephone; 

                     iii.        Receive a certification from the applicant or  
                      the applicant's authorized representative that the  
                      applicant has received counseling from a HUD-approved  
                      counseling agency.  The counseling is required to meet  




                                               AB 1700 (Medina), Page 5




                      the standards and requirements established by HUD for  
                      reverse mortgage counseling.  The certification must be  
                      signed by the borrower and the agency counselor, and  
                      must include the date of counseling, and the name,  
                      address, and telephone numbers of both the counselor and  
                      the borrower;

                     iv.         Provide the borrower with a specified notice  
                      and checklist, whose text is specified in existing law,  
                      both of which are intended for use by the borrower when  
                      preparing for and meeting with a reverse mortgage  
                      counselor.  

               b.     No lender may make a reverse mortgage loan without first  
                 complying with, or in the case of brokered loans, ensuring  
                 compliance with, the requirements of Civil Code Section 1632,  
                 relating to the translation of loan documents.

           3.  Prohibits a reverse mortgage lender from participating in,  
              being associated with, or employing any party that is associated  
              with any other financial or insurance activity, unless the  
              lender maintains procedural safeguards intended to ensure that  
              individuals participating in the origination of the mortgage  
              have no involvement with or incentive to provide the prospective  
              borrower with any other financial or insurance product.  Further  
              prohibits a reverse mortgage lender from referring the borrower  
              to anyone for the purchase of an annuity or other financial or  
              insurance product prior to closing the reverse mortgage or  
              before the borrower's right to rescind the mortgage contract has  
              expired (Civil Code Section 1923.2).

           4.  Provides that reverse mortgage loan payments made to a borrower  
              must be treated as proceeds from a loan, and not as income, for  
              the purpose of determining eligibility and benefits under  
              means-tested programs of aid to individuals, but only to the  
              extent that such requirements do not conflict with federal law  
              or result in the loss of federal funding  (Civil Code Section  
              1923.9).

           5.  Requires financial institutions, as defined, and their officers  
              and employees, to report suspected financial abuse of an elder  
              or dependent adult, as defined, and makes failure to report  
              suspected financial abuse a violation of the law, subject to a  
              civil penalty up to $1,000 ($5,000 if failure to report is  
              willful), paid by the financial institution to the party  
              bringing the action (Welfare and Institutions Code Section  




                                               AB 1700 (Medina), Page 6




              15630.1).

           COMMENTS

          1.  Purpose:   This bill is sponsored by the Fair Housing Council  
              of Riverside County to help minimize the chances that  
              California seniors will enter into reverse mortgages that  
              are not appropriate for them.  

           2.  Background:   As summarized above, both federal and state law  
              contain provisions intended to ensure that seniors fully  
              understand the implications of obtaining a reverse mortgage  
              before they contractually commit themselves to one.   
              Prospective reverse mortgage borrowers must obtain reverse  
              mortgage counseling from a HUD-certified counselor before  
              their reverse mortgage application can legally be approved  
              by a reverse mortgage lender.  California also requires  
              seniors to be provided with a specified notice and a reverse  
              mortgage checklist, which are intended to warn them about  
              potential pitfalls of obtaining a reverse mortgage and help  
              prepare them to get the most out of their counseling  
              session.  Despite these safeguards, several seniors have  
              found themselves in default on their reverse mortgages.  
              Although California-specific default rates are unavailable,  
              national default rates on reverse mortgages hit a record 9.4  
              percent in 2012, almost double the default rate on  
              traditional mortgages.   

          This bill would make three substantive changes to California's  
              existing reverse mortgage rules.  First, it would institute  
              a seven-day cooling-off period by prohibiting a reverse  
              mortgage lender from accepting a senior's final and complete  
              reverse mortgage application until at least seven days have  
              passed following the senior's counseling session.  Second,  
              it would change the wording of the notice that is provided  
              to seniors when they apply for a reverse mortgage.  Third,  
              it would replace the checklist that must be provided to  
              seniors before their counseling session with a more  
              extensive worksheet guide.  

           3.  Reverse Mortgages By The Numbers:    Nearly all reverse  
              mortgages being offered in today's economy are the  
              federally-insured mortgages known as HECM mortgages.  The  
              insurance guarantees that borrowers will be able to access  
              their authorized loan funds, subject to the terms of the  
              loan, even if their loan balance exceeds the value of their  




                                               AB 1700 (Medina), Page 7




              home or if the lender fails.  The insurance also guarantees  
              lenders that they will be repaid in full when the home is  
              sold, regardless of the home value at the time of sale.   
              Neither borrowers nor their estates are liable for loan  
              balances that exceed the value of the home at the time of  
              repayment; the Federal Housing Administration (FHA; a  
              division of HUD) assumes that risk.

          According to HUD, which runs the HECM program, the number of  
              HECM reverse mortgages made annually grew from fewer than  
              500 in federal fiscal years 1990 and 1991 to nearly 115,000  
              in federal fiscal year 2009, the year in which reverse  
              mortgage originations peaked.  The number of reverse  
              mortgages made since 2009 has dropped significantly - down  
              to about 55,000 in 2012 and 60,000 in 2013.  Falling housing  
              values that accompanied the foreclosure crisis are partly to  
              blame; others point to increased regulation at the federal  
              level as a contributing factor.  Whatever the cause, several  
              major mortgage lenders (including Bank of America and Wells  
              Fargo) have exited the reverse mortgage origination business  
              entirely within the past few years; fewer lenders occupy  
              this space than was the case a few years ago, and those that  
              remain tend to be smaller than those which exited the  
              market.  

          At present, only two to three percent of eligible homeowners  
              currently have a reverse mortgage.  However, the graying of  
              the baby boom generation carries with it the potential that  
              reverse mortgages will grow in popularity over the next two  
              decades.  

           4.  Recent Changes To HECM Rules:   Late last year, Congress and  
              the FHA took steps to reduce the incidence of reverse  
              mortgage defaults by people who take lump sum withdrawals at  
              the time of reverse mortgage origination, and later become  
              delinquent on their property taxes and homeowners insurance  
              policies.  Pursuant to the federal Reverse Mortgage  
              Stabilization Act of 2013 (Public Law 113-29), the FHA has  
              placed strict limits on reverse mortgage loan sizes and  
              implemented a series of rules intended to help encourage  
              reverse mortgage borrowers to withdraw their loan funds  
              gradually, over time, rather than in a single lump sum.   
              Under the new rules, homeowners are limited to withdrawing  
              no more than 60% of their maximum loan amounts during the  
              first year of their loan.  Homeowners will also be required  
              to show that they have sufficient income to cover expenses  




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              such as property taxes and homeowners insurance throughout  
              the life of their loan.  Those who are unable to demonstrate  
              sufficient income will be required to set aside a portion of  
              their loan proceeds in escrow accounts to cover future  
              property taxes and insurance.  

          Under authority granted to it in the Reverse Mortgage  
              Stabilization Act, FHA has also taken steps to protect  
              non-borrowing spouses (spouses of reverse mortgage  
              borrowers, whose names are not on the reverse mortgage loan,  
              and who, under prior HECM rules, could lose their home  
              following the death, move, or 12-month absence from the home  
              of the borrowing spouse).  Under these new rules (described  
              in FHA Mortgagee Letter 2014-07), FHA is making it easier  
              for non-borrowing spouses to remain in their homes during  
              the remainders of their lifetimes, as long as they meet  
              certain basic requirements and ensure that their loans do  
              not fall into default (through nonpayment of property taxes  
              or insurance, or through inability to maintain the home).   
              These new rules apply to new reverse mortgage loans issued  
              on or after August 4, 2014; they do not apply retroactively  
              to reverse mortgage loans originated before that date.

          5.  Recent Federal Study of Reverse Mortgages:   In June 2013,  
              the federal Consumer Financial Protection Bureau (CFPB)  
              issued a report on reverse mortgages, as required by the  
              Dodd-Frank Wall Street Reform and Consumer Protection Act  
              (http://www.consumerfinance.gov/reports/reverse-mortgages-rep 
              ort/).  Although that report does not reflect the recent  
              changes to the HECM program summarized immediately above, it  
              does provide valuable information about the challenges  
              facing seniors trying to decide whether a reverse mortgage  
              is right for them.  CFPB reached five conclusions in its  
              report, as follows:  

               a.     Reverse mortgages are complex products that are  
                 difficult for consumers to understand.  Disclosures  
                 available to consumers to help them understand prices and  
                 risks are insufficient to ensure that consumers make good  
                 decisions.  

               b.     Reverse mortgage borrowers are using their loans  
                 differently, and in more risky ways than they did in the  
                 past.  Borrowers are taking out these loans at younger  
                 ages than in the past, and are withdrawing more of their  
                 money upfront than in the past.  Borrowers who withdraw  




                                               AB 1700 (Medina), Page 9




                 all of their available home equity upfront will have  
                 fewer resources to draw upon to pay for everyday and  
                 major expenses later in life.  These borrowers are also  
                 at risk of becoming delinquent on taxes and/or insurance  
                 and ultimately losing their homes to foreclosure.  

               c.     Product features, market dynamics, and industry  
                 practices also create risks for consumers.  Misleading  
                 advertising remains a problem.  Spouses of reverse  
                 mortgage borrowers who are not named as co-borrowers  
                 often do not understand that they may be at risk of  
                 losing their homes.  The reverse mortgage market is  
                 increasingly dominated by small originators, most of  
                 which are not depository institutions.  The changing  
                 economic and regulatory landscape faced by these small  
                 originators creates new risks for consumers. 

               d.     Counseling, while designed to help consumers  
                 understand the risks associated with reverse mortgages,  
                 needs improvement in order to be able to meet these  
                 challenges.  Counselors need improved methods to help  
                 consumers better understand the complex tradeoffs that  
                 they face in deciding whether to take out a reverse  
                 mortgage.  Funding for counseling is under pressure,  
                 making access to high-quality counseling more difficult.   
                 Counseling may be insufficient to counter the effects of  
                 misleading advertising, aggressive sales tactics, or  
                 questionable business practices.  

               e.     Some risks to consumers appear to have been  
                 adequately addressed by regulation, but remain a matter  
                 for supervision and enforcement, while other risks still  
                 require regulatory attention.  Cross-selling appears to  
                 have been considerably dampened as a result of federal  
                 legislation.  However, existing disclosures are very  
                 difficult for consumers to understand.  Furthermore,  
                 while there are general prohibitions against deceptive  
                 advertising, there are no specific federal rules  
                 governing deceptive advertising with respect to reverse  
                 mortgages.

              In issuing the report, the CFPB left open the possibility  
              that it might promulgate additional reverse mortgage  
              regulations; develop enhanced approaches to better educate  
              consumers about the risks and tradeoffs of reverse mortgages  
              and help them compare different products; take enforcement  




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              actions, as necessary; and work with HUD to develop  
              solutions to issues it identified that are under HUD's  
              jurisdiction. 

              This bill attempts to address two of the many problems  
              identified by CFPB:  inadequate tools available to help  
              consumers understand how a reverse mortgage may affect them  
                                              and aggressive sales tactics that push seniors to submit  
              their reverse mortgage loan applications before they have  
              had an opportunity to fully evaluate whether a reverse  
              mortgage is right for them.  

           6.  Summary of Arguments in Support:   

               a.     The Fair Housing Council of Riverside County is  
                 sponsoring this measure to better protect reverse  
                 mortgage applicants.  The worksheet guide whose use this  
                 bill will require, and the additional time this bill  
                 would require to pass between a counseling session and  
                 submission of a reverse mortgage application, will  
                 provide seniors with additional time to review and  
                 discuss the numerous documents, fees, disclosures, and  
                 potential outcomes of the reverse mortgage with their  
                 families and heirs.

               b.     The California Commission on Aging, AARP, California  
                 Advocates for Nursing Home Reform (CAHNR), Consumers  
                 Union, Center for Responsible Lending, Consumer  
                 Federation of California, and California Retired Teachers  
                 Association all support AB 1700 for similar reasons.  The  
                 bill will help seniors better understand the  
                 ramifications of the agreement into which they are about  
                 to enter, and provide them additional time in which to do  
                 so.  The seven-day cooling off period will help prevent  
                 unscrupulous reverse mortgage lenders or brokers from  
                 pressuring seniors to enter into reverse mortgages before  
                 they have had an opportunity to evaluate whether a  
                 mortgage is right for them.  

               CAHNR writes, "Because reverse mortgage decision-making  
                 involves a number of complex issues, before committing to  
                 a loan every senior should contemplate possible negative  
                 consequences.  While reverse mortgages have many  
                 attractive features, seniors need to be way of the  
                 possible downsides of these products and aware of some of  
                 the negative aspects that may make them unsuitable for a  




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                 senior's needs and long-term financial objectives.   
                 Whether a loan is 'suitable' or right for the borrower  
                 who is considering it can only be determined by looking  
                 at the totality of that particular borrower's  
                 circumstances, goals, and needs...Every prospective  
                 purchaser of a reverse mortgage would benefit by studying  
                 and completing the worksheet proposed by AB 1700 before  
                 attending his or her mandatory reverse mortgage  
                 counseling session."  

           7.  Summary of Arguments in Opposition:    The National Reverse  
              Mortgage Lenders Association (NRMLA) is opposed to the bill,  
              unless it is amended to strike the seven-day cooling off  
              period it requires.  NRMLA also expressed concern that the  
              wording of the Worksheet Guide may not keep up with changes  
              to the HECM program.  

          NRMLA disputes the contention that seniors are rushed through  
              the application process without being given a chance to  
              fully consider the transaction.  The origination,  
              processing, underwriting, closing, and funding of reverse  
              mortgage loans typically takes a few months, and involves  
              significant back-and-forth as information is provided to and  
              received from applicants.  Prospective reverse mortgage  
              borrowers are provided with ample opportunity for full  
              deliberation and consideration.  

          "The proposed seven (7)-day delay is an ill-conceived and  
              unnecessary safeguard that could exacerbate timing issues in  
              certain circumstances under which HECMs are commonly used,  
              such as when the reverse mortgage is being used to save a  
              senior's home from foreclosure, cover emergency medical  
              expenses, pay for home modifications or repairs, or for the  
              purchase of a new home.  The seven (7)-day cooling-off  
              period requirement could potentially harm seniors who want  
              or need timely access to funds to save or buy their homes,  
              or cover emergency expenses, by unnecessarily making them  
              wait longer to access the funds from a reverse mortgage."   
              In certain circumstances, the requirement to wait a week  
              could prevent a senior from locking in an advantageous  
              interest rate.  

          NRMLA is also concerned about the language of the Reverse  
              Mortgage Worksheet Guide that this bill would require.  In  
              its letter of opposition, the organization identified one  
              statement in the guide that is incorrect as of the FHA's  




                                               AB 1700 (Medina), Page 12




              2014-07 Mortgagee Letter, and another phrase in the guide  
              that is misleading.  [Staff notes that the amendments  
              suggested below would modify the language of the guide to  
              address both concerns identified in NRMLA's letter; see  
              amendments 8c and 8d, below].  

          However, NRMLA also raised a concern about the Worksheet Guide  
              that is not addressed by the amendments.  "Because HUD's  
              requirements for HECMs might change from time to time (HUD  
              has a twenty-year history of continually improving the HECM  
              program), placing detailed language for the Worksheet in the  
              state statute seems to us to be ill-advised, if it could  
              result in a requirement under California law that lenders  
              and/or counselors must provide consumers with information  
              that is inconsistent with federal law."
           
          8.  Amendments:   The following amendments have been agreed to by  
              the author, sponsor, and several of the bill's proponents:

               a.     Page 5, line 21, strike "elapse" and insert:  lapse

               b.     Page 6, line 22:  Strike "SUITABLE" and insert:   
                 RIGHT 

               c.     Page 8, lines 12 and 13, strike "whose only job is  
                 to" and insert:  who can

               d.     Page 8, line 18, strike "becomes" and insert:  may  
                 become

               e.     Page 9, lines 16 and 17, revise as follows:  Reverse  
                 mortgages are compounding  -interest   loans, and the debt  
                 to the lender  increases   accelerates  as time goes on.

               f.     Page 9, line 24, strike: 2.

               g.     Page 9, lines 31 and 32, revise as follows:  Due to  
                 the high cost and  increasing   accelerating  debt incurred  
                 by reverse  mortgage borrowers   mortgages  , using home  
                 equity to finance investments is not suitable in most  
                 instances.

               h.     Page 10, strike line 6.

           9.  Prior and Related Legislation:   





                                               AB 1700 (Medina), Page 13




               a.     AB 553 (Medina), 2013-14 Legislative Session:  Very  
                 similar to this bill, although AB 553 contained less  
                 detail regarding the elements of the worksheet guide.   
                 Never heard by the Assembly Banking & Finance Committee.

               b.     AB 2010 (Bonilla), 2011-12 Legislative Session:   
                 Required reverse mortgage counseling that is provided to  
                 California reverse mortgage borrowers to be provided  
                 in-person, unless the borrower elects to receive that  
                 counseling in another manner.  

               c.     AB 329 (Feuer), Chapter 236, Statutes of 2009:   
                 Prohibited reverse mortgage lenders and brokers from  
                 cross-selling other financial or insurance products, as  
                 specified.  Increased, from five to ten, the number of  
                 HUD-certified reverse mortgage counseling agencies that  
                 must be provided to prospective reverse mortgage  
                 borrowers by reverse mortgage lenders.  Required  
                 provision of a checklist to prospective reverse mortgage  
                 borrowers, and required this checklist to be signed by  
                 the borrower (and his or her reverse mortgage counselor,  
                 if counseling was performed in person) before the  
                 borrower's loan application could be processed.  

               d.     SB 1609 (Simitian), Chapter 202, Statutes of 2006:   
                 Prohibited lenders from making reverse mortgages without  
                 first receiving a signed certification that the borrower  
                 received independent counseling about the transaction,  
                 prohibited lenders from requiring borrowers to purchase  
                 annuities as part of the reverse mortgage transaction,  
                 and added reverse mortgages to the list of financial  
                 documents that must be translated into a foreign  
                 language, if negotiated in that language.  

           
          LIST OF REGISTERED SUPPORT/OPPOSITION
          
          Support
           
          Fair Housing Council of Riverside County (sponsor)
          AARP
          California Advocates for Nursing Home Reform
          California Commission on Aging
          California Retired Teachers Association
          Center for Responsible Lending
          Consumer Federation of California




                                               AB 1700 (Medina), Page 14




          Consumers Union
          Sandy Jolley
           
          Opposition
               
          National Reverse Mortgage Lenders Association

          Consultant: Eileen Newhall  (916) 651-4102