Louisiana 2010 Regular Session

Louisiana House Bill HB792

Introduced
3/29/10  
Refer
3/29/10  

Caption

Provides for regulation of reverse mortgage lending

Impact

If enacted, HB 792 would significantly affect state laws governing reverse mortgages, enhancing consumer protections, especially for elderly borrowers. The bill's provisions aim to prevent predatory lending practices by ensuring that lenders uphold a fiduciary duty to act in the best interest of the borrower. This includes advising clients on other financial options that could serve them better than a reverse mortgage, catering specifically to a demographic that often lacks financial literacy regarding mortgages.

Summary

House Bill 792 focuses on the regulation of reverse mortgages in Louisiana. It establishes a legal definition for reverse mortgage loans and outlines specific borrower protections. Key provisions include allowing borrowers to prepay without penalty, defining conditions under which the loans become due, and mandating full disclosure of any costs or fees associated with these loans. Additionally, the bill requires lenders to provide prospective borrowers with a list of approved counseling agencies, ensuring that those seeking reverse mortgages are adequately informed about their options and the implications of such loans.

Sentiment

The sentiment surrounding HB 792 is largely positive among advocates for consumer protection, particularly those focused on protecting the financial interests of senior citizens. Supporters argue that the bill will safeguard vulnerable populations from potential exploitation, encouraging responsible lending practices. While there seems to be general support for consumer protections, there may be apprehensions from some lenders regarding the increased regulatory oversight and accountability requirements set forth in the bill.

Contention

Notable points of contention revolve around the fiduciary duty imposed on lenders, requiring them to prioritize the interests of borrowers over their profit motives. Critics may argue that such regulations could limit access to loans for some borrowers and impose additional burdens on lenders, potentially stifling the reverse mortgage market. Ensuring compliance with these regulations may create operational challenges for lenders, affecting their business models in a competitive market.

Companion Bills

LA HB1468

Replaced by Provides for regulation of reverse mortgage lending

Similar Bills

CA AB1286

Political Reform Act of 1974: prospective employment.

CA SB578

Vacation Ownership and Time-share Act of 2004: incentives.

CA SB869

Commercial financing.

CA AB1736

Notification requirements.

CA AB747

Business: unlawful employee contracts and requirements.

CA SB1412

Applicants for employment: criminal history.

CA SB1109

Adoption.

CA SB410

Common interest developments: disclosures to prospective purchasers: exterior elevated elements inspection.