HBA-TYH C.S.S.J.R. 12 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.J.R. 12
By: Carona
Financial Institutions
5/10/1999
Committee Report (Substituted)

BACKGROUND AND PURPOSE 

Currently, the Texas Constitution authorizes senior citizens to obtain a
reverse mortgage.  Generally, a reverse mortgage, under current law, allows
a senior citizen to receive an extension of credit by mortgaging the credit
against the person's homestead without paying the credit until the person
dies. As proposed, C.S.S.J.R. 12 requires the submission to the voters of a
constitutional amendment relating to the making of advances under a reverse
mortgage and payment of a reverse mortgage. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority previously delegated to the Texas Supreme Court is modified in
SECTION 1 (Section 50, Article XVI, Texas Constitution) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subsections (k), (p), and (r), Section 50, Article XVI,
Texas Constitution, as follows: 

(k)  Defines "reverse mortgage" as an extension of credit:

(1)  Makes no change;

(2)  that is made to a person who is or whose spouse is 62, rather than 55,
years or older; 

(3)-(5)  Makes no change;

(6)  that requires no payment of principal or interest until all borrowers
have died, the homestead property securing the loan is sold or transferred,
all borrowers cease occupying the homestead property for a period of longer
than 12 consecutive months without prior written approval from the lender,
rather than for 180 consecutive days and the location of the homestead
property owner is unknown to the lender; or the borrower commits one of the
enumerated violations; and  

(7)  that provides that if the lender fails to make loan advances as
required in the loan documents and if the lender fails to cure the default
as required in the loan documents after notice from the borrower, the
lender forfeits all principal and interest of the reverse mortgage; 

(8)  Makes a conforming change;

(9)  that requires the lender, at the time the loan is made, to disclose to
the borrower by written notice the specific provisions contained in
Subdivision (6) under which the borrower is required to repay the loan; 

(10)  that does not permit the lender to commence foreclosure until the
lender gives written notice to the borrower that a ground for foreclosure
exists and gives the borrower at least 30 days, or at least 20 days in the
event of a default under Subdivision (6)(D)(iii), to carry out the
enumerated actions to remedy the default leading to the foreclosure; and  

(11)  that is secured by a lien that may be foreclosed upon only by a court
order, if the  foreclosure is for a ground other than a ground stated by
Subdivision (6)(A) or (B). 

(p)  Provides that the advances made on a reverse mortgage loan under which
more than one advance is made must be made according to the terms
established by the loan documents by one or more of the specified methods,
rather than providing that an advance made must  be made at regular
intervals according to a plan established by the original loan agreement. 

(r)  Requires the supreme court to promulgate rules of civil procedure for
expedited foreclosure proceedings related to foreclosure of a reverse
mortgage lien that requires a court order. 

SECTION 2.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held on November 2, 1999.  Sets forth
the required language for the ballot. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original bill in SECTION 1 (Section 50(k),
Article XVI, Texas Constitution) by making conforming changes and other
changes, as follows: 

(k)(1)-(3)  Makes no change;

(4)  Removes the provision permitting advances to be based on "the value of
the borrower's homestead;" 

(5)  Makes no change;

(6)  Adds new provisions to provide that a reverse mortgage means an
extension of credit that requires no payment of principal or interest
until:   

_borrowers cease to occupying the property for more than 12 consecutive
months without prior written approval of the lender, rather than simply
cease occupying the property for more than 12 consecutive months; or; 

_the borrower fails to pay assessments, as well as taxes, or maintain the
priority of the lender's lien on the homestead property by promptly
discharging any lien that has priority or may obtain priority over the
lender's lien within 10 days after the date the borrower receives the
notice, unless borrower performs enumerated actions related to reconciling
the lien; 

(7)-(8)  Makes no change;

(9)  New subdivision.  Provides that a reverse mortgage is an extension of
credit that requires the lender, at the time the loan is made, to disclose
to the borrower by written notice the specific provisions contained in
Subdivision (6) under which the borrower is required to repay the loan; 

(10)  New subdivision.  Provides that a reverse mortgage is an extension of
credit that does not permit the lender to commence foreclosure until the
lender gives written notice to the borrower that a ground for foreclosure
exists and gives the borrower at least 30 days, or at least 20 days in the
event of a default under Subdivision (6)(D)(iii), to carry out the
enumerated actions to remedy the default leading to the foreclosure; and  

(11)  New subdivision.  Provides that a reverse mortgage is an extension of
credit that is secured by a lien that may be foreclosed upon only by a
court order, if the foreclosure is for a ground other than a ground stated
by Subdivision (6)(A) or (B). 

The substitute modifies the original bill in SECTION 1 (Section 50(p),
Article XVI, Texas Constitution) by adding the following methods to provide
that reverse mortgage advances must be made at regular intervals or: 

 _at regular intervals in which the amounts advanced may be reduced, for
one or more advances, at the request of the borrower; or 

_at any time by the lender, on behalf of the borrower, if the borrower
fails to timely pay any of the enumerated items for which the borrower is
obligated to protect the lender's interest in or the value of the homestead
property. 

The substitute modifies the original bill in SECTION 1 by amending Section
50(r), Article XVI, Texas Constitution to require the supreme court to
promulgate rules of civil procedure for expedited foreclosure proceedings
related to the foreclosure of liens under Subdivision (a)(6) and to
foreclosure of a reverse mortgage lien that requires a court order.
Subsection (r) was not addressed by the original resolution.