hud-hecm reverse mortgage telephonic counseling session transcript

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    IN RE: HUD-HECM Reverse Mortgage Telephonic Counseling Session of Neil J. Gillespie and Penelope M. Gillespie withSusan Gray, CCCS MMI .--------------------------/

    RECEIVED AT: Home Office Telephone Extensionof Neil J. Gillespie

    DATE & TIME: April 22, 2008

    TRANSCRIBED BY: Michael J. BorsethCourt Reporter

    Michael J. BorsethCourt Reporter/Legal Transcription

    (813) 598- 2703

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    * * * * * * * * * * * *

    NOTE: Calls on home office telephone

    extension (352)854-7807 are recorded for

    quality assurance purposes pursuant to the use

    exemption of Florida Statutes chapter 934,

    section 934.02(4)(a)(1) and the holding of

    Royal Health Care Servs., Inc. v.

    Jefferson-Pilot Life Ins. Co., 924 F.2d 215

    (11th Cir. 1991)

    * * * * * * * * * *

    AUTOMATED OPERATOR: This call is being

    recorded.

    MR. GILLESPIE: Hello.

    MS. GRAY: Hi, may I speak to Penelope

    Gillespie?

    MR. GILLESPIE: Yes, hold on.

    MS. GRAY: Thank you.

    MR. GILLESPIE: You want to pick it up, mom.

    MRS. GILLESPIE: Hello.

    MS. GRAY: Hi, Ms. Gillespie.

    MRS. GILLESPIE: Yes.

    MS. GRAY: This is Susan Gray. I'm with Money

    Management International. And I'm contacting you

    this afternoon to provide the reverse mortgage

    counseling for you.

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    MRS. GILLESPIE: Yes.

    MS. GRAY: Okay. How did you hear about the

    reverse mortgage?

    MR. GILLESPIE: From our bank, Park Avenue

    Bank.

    MS. GRAY: Park Avenue, okay. And what are

    some of your goals in obtaining a reverse mortgage?

    MR. GILLESPIE: We want to eliminate our

    monthly payment and have whatever equity is

    possible.

    MS. GRAY: Okay. And how much do you owe on

    the existing mortgage?

    MR. GILLESPIE: About 77,000.

    MS. GRAY: Okay. And what is the approximate

    value of the home?

    MR. GILLESPIE: 140,000.

    MS. GRAY: Okay. And Ms. Gillespie, I have

    got you on the line and who the gentleman I am

    speaking with?

    MRS. GILLESPIE: It's my son.

    MS. GRAY: Okay. And what is your name?

    MR. GILLESPIE: My name is Neil Gillespie.

    MS. GRAY: Neil. Is that N-e-i-l?

    MR. GILLESPIE: Yes, it is.

    MS. GRAY: Okay. And Gillespie is

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    G-i-l-l-e-s-p-i-e?

    MRS. GILLESPIE: That's right.

    MS. GRAY: Okay. And Ms. Gillespie, did you

    have a middle initial?

    MRS. GILLESPIE: M.

    MS. GRAY: N as in Nancy?

    MR. GILLESPIE: No.

    MRS. GILLESPIE: M as in --

    MR. GILLESPIE: Your middle name, mom. Marie.

    MRS. GILLESPIE: Marie.

    MS. GRAY: Okay. Okay. Neil, do you use a

    middle initial?

    MR. GILLESPIE: J.

    MS. GRAY: K?

    MR. GILLESPIE: J. J as in Joseph.

    MS. GRAY: Okay. And what is your date of

    birth, Neil?

    MR. GILLESPIE: March 19th, 1956.

    MS. GRAY: Okay. And Ms. Gillespie, I need

    your highest level on education completed.

    MRS. GILLESPIE: Just high school.

    MS. GRAY: Okay. And Neil, your highest level

    of education completed?

    MR. GILLESPIE: Bachelors Degree.

    MS. GRAY: Okay. All right. There is a note

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    in the file that -- let's see, bear with me just

    one second. Okay. That you have a lender ID

    number.

    MR. GILLESPIE: No, we don't have a lender ID

    number.

    MS. GRAY: Okay.

    MR. GILLESPIE: I believe the bank called you

    about that issue yesterday.

    MS. GRAY: Okay. Okay. Do you have anyone in

    particular that you would like your certificate

    faxed to?

    MR. GILLESPIE: Yes, Park Avenue Bank.

    MS. GRAY: Okay. Whose attention should I

    address this to?

    MR. GILLESPIE: You would address that to Liz

    Baize. L-i-z B-a-i-z-e.

    MS. GRAY: Okay.

    MR. GILLESPIE: Do you want the fax number?

    MS. GRAY: Certainly.

    MR. GILLESPIE: It's area code (352) 854-0112.

    MS. GRAY: Okay. And is this a single family

    residence, condominium or townhome?

    MR. GILLESPIE: Single family.

    MS. GRAY: Okay. And I have the address is

    8092 Southwest 115th Loop; is that correct?

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    MRS. GILLESPIE: Yes, yes.

    MS. GRAY: Okay.

    MR. GILLESPIE: Mom, you will have to speak up

    louder, it's hard to hear you.

    MS. GRAY: And that is Ocala, Florida 34481?

    MRS. GILLESPIE: Yes.

    MR. GILLESPIE: Yes.

    MS. GRAY: Okay. Would you like for me to

    provide any household budget counseling for you

    today or would you just like the presentation on

    the reverse mortgage?

    MR. GILLESPIE: Just the presentation on the

    reverse mortgage.

    MS. GRAY: Okay. Do you plan to use any of

    the funds that you receive from the reverse

    mortgage to obtain an annuity?

    MR. GILLESPIE: No.

    MRS. GILLESPIE: No.

    MS. GRAY: Okay. Do you plan to sign a

    contract on an agreement with an estate planning

    firm to obtain a reverse mortgage?

    MR. GILLESPIE: No.

    MRS. GILLESPIE: No.

    MS. GRAY: All right. Can you both hear me

    pretty good?

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    MRS. GILLESPIE: Yes.

    MS. GRAY: All right. I need to take just a

    couple of minutes and read our disclosure in order

    to obtain permission to counsel you today. Okay?

    MR. GILLESPIE: All right.

    MRS. GILLESPIE: Okay.

    MS. GRAY: Before providing counseling we

    disclosed and received your agreement to the

    following: Money Management International,

    Incorporated is a non-profit, HUD approved housing

    counseling agency. We provide reverse mortgage

    counseling to help you make an informed choice

    about use of a reverse mortgage product. Your

    counselor will try to help you make an informed

    choice, but the decision whether to apply for a

    reverse mortgage is completely yours. Your

    counselor will not specifically recommend for or

    against using a specific loan product or a specific

    lender.

    Client privacy is important to us and the

    counseling services we provide are confidential.

    At your request we may provide verification of

    counseling to the lender of your choice, but no

    personal financial information will be disclosed.

    As part of this counseling interview you will

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    be asked to provide information about estimated

    income and expenses. We do this to help you

    develop a clear overall financial picture of your

    own day-to-day budget, to help you decide whether a

    particular reverse mortgage meets your needs. This

    information is held in strictest confidence and

    will never be disclosed to your lender.

    Information from your file may be released for

    quality assurance purposes to a credible third

    party such as program review staff from the U.S.

    Department of Housing and Urban Development, who

    will also ensure confidentiality. Our privacy

    notice is available on our website at

    www.moneymanagement.org. You will not be charged a

    fee for a reverse mortgage counseling session.

    However, to help offset our cost we may request a

    contribution from your mortgage lender. This

    request may include your name and the date when you

    spoke with a counselor. We will not refuse service

    if your lender declines to make this contribution.

    By providing us with your mother's maiden name you

    will authorize us to provide the counseling for

    you. Do you understand the provisions outlined?

    MR. GILLESPIE: Well, I heard what you said,

    yes, uh-huh.

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    MRS. GILLESPIE: Yes.

    MS. GRAY: All right, and may I have each of

    your mother's maiden names, please?

    MR. GILLESPIE: I'm not sure why you need

    that.

    MS. GRAY: Okay.

    MR. GILLESPIE: Well, let me ask you this,

    could we refuse the maiden names?

    MS. GRAY: You sure can. You can use

    something else. Do you want me to give you some

    other ideas?

    MR. GILLESPIE: We will use our pet name; how

    is that?

    MS. GRAY: That will be fine. As long as you

    each have something different.

    MR. GILLESPIE: My pet name is Fluffy.

    MS. GRAY: Okay.

    MR. GILLESPIE: And my mother's is Ginger.

    MS. GRAY: Okay. That will work just fine.

    MR. GILLESPIE: All right.

    MRS. GILLESPIE: Okay.

    MS. GRAY: Just something that is unique to

    you. Okay. All right. Now, today we're going to

    be talking about mostly the HECM Reverse Mortgage.

    This is the most popular and widely available.

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    However, I want to mention to you that there are

    other reverse mortgages that share similar

    characteristics, one of these being the Home

    Keeper, which is underwritten by Fannie Mae. And

    there are some lender specific reverse mortgage

    products that are offered by several large learning

    institutions. Now, these reverse mortgages are not

    insured by FHA and are most commonly used by

    borrowers with home values exceeding 500,000.

    The HECM is a HUD FHA reverse mortgage that

    allows you to convert some of the equity in the

    home into usable cash that has no restrictions on

    use. All homeowners on the deed must be at least

    62 years old and living in the home as primary

    residence. The home must meet FHA standards and an

    appraisal will be required. The proceeds from the

    reverse mortgage must be sufficient to pay off all

    liens against the property. Homeowners must keep

    their property taxes and insurance current and

    continue to maintain the property in good

    condition. Any questions on the material so far?

    MR. GILLESPIE: No.

    MRS. GILLESPIE: No.

    MS. GRAY: Okay. With the reverse mortgage

    you will retain all rights and privileges of home

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    ownership without having to make a monthly mortgage

    payment. The money that you receive from the

    reverse mortgage is nontaxable, it need not be

    reported as income. There are no restrictions on

    how the funds are used and you need no income to

    qualify. You can continue to receive your regular

    Social Security payments and your Medicare

    benefits.

    It's important to remember that the HECM may

    have an impact on your estate and the heirs;

    meaning there may be little or no equity left in

    the home at the end of the loan time.

    The closing costs associated with the HECM are

    typically high. And the interest that will be

    added to your loan balance each month is deferred

    and cannot be deducted from income taxes until the

    house is sold.

    A reverse mortgage may effect your eligibility

    to receive assistance under Federal and State

    income or asset-based programs. If you are

    receiving any public assistance such as Medicaid,

    SSI or Food Stamps, be careful not to jeopardize

    these benefits by receiving more cash from the HECM

    loan in a given month than you plan to spend in

    that same month. Any questions so far?

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    MR. GILLESPIE: No.

    MRS. GILLESPIE: No.

    MS. GRAY: Okay. There are some different

    payment options available with the reverse mortgage

    HECM, and I want to go over those with you. You

    will notice it's very flexible as far as ways you

    can access the fund. You can take out a lump sum

    at closing to meet an immediate need, such as

    paying off an existing mortgage. Or if you need

    extra money on a monthly basis you could elect to

    receive a 10 year payment for as long as you live

    in the home. Or there is the term payment. The

    term payment allows you to receive a larger monthly

    payment than a 10 year. The shorter the term the

    larger the payment. However, when the term expires

    you would no longer receive that monthly payment.

    You also have what is called the HECM Line of

    Credit. The line of credit is a holding account

    for the funds that you can draw from in any amount

    at any time. And it even allows for automatic

    credit line growth, so that you can end up with

    more available cash. You can combine these options

    and you can always make changes later for usually a

    twenty dollar fee. Any questions on that?

    MR. GILLESPIE: No.

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    MRS. GILLESPIE: No.

    MS. GRAY: All right. Now, the longer you

    have this loan, the more the debt owed increases.

    And that's due to the interest, fees and

    disbursements being added to your loan balance.

    And at some point in time this loan will have to be

    repaid. And the repayment can either be the heirs

    can either sell the home and pay back what has been

    borrowed, or if they wish to keep the home they can

    use funds from another source, or take out a

    different loan and pay back the reverse mortgage.

    However, no repayment is necessary unless you

    permanently move from the home, sell the home or

    pass away.

    If the loan balance at the same time exceeds

    the home value, FHA will pay the difference to the

    lender. This is called the Non-Recourse Limit. In

    other words, neither the borrower nor the heirs

    will ever be held accountable for more than the

    value of the home.

    Okay. Have you seen some analysis for the

    reverse mortgage as far as how much you would

    receive and the different costs and fees associated

    with it?

    MR. GILLESPIE: Yes.

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    MS. GRAY: Okay. I am going to put your

    information in right quick and then I'm going to go

    through this with you so that we can go over those

    costs and fees with you and see if you have

    questions on those.

    Neil, I just want to be sure I have your name

    as N-i-e-l, right?

    MR. GILLESPIE: No. It's N-e-i-l.

    MS. GRAY: N-e-i-l. Okay. Let me fix that

    really quick.

    MR. GILLESPIE: All right.

    MS. GRAY: And for some reason I was thinking

    that didn't look right to me. There we go.

    That's in Marion County?

    MR. GILLESPIE: Yes.

    MS. GRAY: Okay. Now, I'm going to use a home

    value of 140; is that what they used when they did

    your analysis for you?

    MR. GILLESPIE: Yeah, I believe so.

    MS. GRAY: Okay. And a payoff of 77,000?

    MR. GILLESPIE: Yes.

    MS. GRAY: Okay. I am trying to get my

    numbers close to what they have so -- now, with

    this reverse mortgage you're going to hear the term

    Principal Limit. The principal limit is the

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    maximum amount that HUD will allow you to borrow.

    And to determine this amount they use a formula

    which consists of the age of the youngest borrower,

    the appraised value of the home, and the expected

    interest rate.

    So, for Ms. Gillespie your, your principal

    limit would be -- now I'm going to use a 1 and a

    half percent lender's margin which, is the higher,

    so that I can -- let's see. And assuming a

    35-dollar monthly fee for service, that would have

    a principal limit of $106,000, is what you will

    have available for the principal limit.

    Now, what the lender typically does with this

    loan is they roll the closing costs back into the

    loan, so that you should not have any out of pocket

    expenses. So from that principal limit they're

    going to deduct your monthly service fee set aside.

    Do you see that on your comparison that you have

    there, does it say service fee?

    MR. GILLESPIE: Well, I don't have a

    comparison per se. What I have is 2 percent of

    the -- 2 percent for the bank and 2 percent for the

    FHA mortgage.

    MS. GRAY: Uh-huh.

    MR. GILLESPIE: 3,700 in closing costs and

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    MS. GRAY: That fee could vary. And using $35

    a month I am showing around $5,300 taken out.

    MR. GILLESPIE: Yes, uh-huh.

    MS. GRAY: What are they showing her principal

    limit to be before anything is taken out?

    MR. GILLESPIE: I don't have that figure.

    MS. GRAY: You don't? Okay. If they take

    that out that leaves you available principal limit

    of about 100,000. And then from that they're going

    to deduct your mortgage insurance premium.

    Now, that particular cost is set by HUD. So

    it's going to be the same from one lender to

    another. And that is 2 percent of your home

    appraised value. And then your origination fee,

    now this is the lender's fee for making the loan.

    The maximum the lender can charge is 2 percent of

    the home's appraised value. Some lenders charge

    the full 2 percent and some do not. So that fee

    can vary from one lender to another. And now let's

    see, you have your other costs; I'm coming up with

    about 4,100, but that's your third party costs.

    Now, after all those are taken out I show a

    net principal limit of around 91,000. And from

    that they will deduct your 77,000 dollar payoff on

    your mortgage. Which leaves you about 14,000 on

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    the table, that you can have to do whatever you

    want to.

    MR. GILLESPIE: Uh-huh.

    MS. GRAY: Now, my numbers are just estimates

    for illustrative purposes. Your lender will give

    you your actual figures, but it sounds like ours

    are fairly close.

    MR. GILLESPIE: Yeah, uh-huh.

    MS. GRAY: Okay. Any questions on the cost or

    fees, interest? The interest rate, let me go back

    and tell you that there is two types of HECM's.

    You have a Monthly Adjustable HECM, which usually

    gives you the most cash, because you have a lower

    lender's margin. And then there is a Annually

    Adjustable HECM. Now, some lenders now are

    offering a Fixed Rate HECM if you want to take all

    the money out in one lump sum. So those are your

    different choices on the interest part.

    MR. GILLESPIE: There is a monthly adjustable,

    a annual adjustable and a fixed rate?

    MS. GRAY: Right. The only thing about the

    fixed rate is there is no monthly, 10 year or line

    of credit, it's just a lump sum option.

    All right, any questions on this?

    MR. GILLESPIE: Well, on the interest rate,

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    what is the interest rate multiplied against? Is

    it the principal lending limit?

    MS. GRAY: The interest rate is going to be

    applied to whatever you have actually borrowed.

    MR. GILLESPIE: And that is the principal

    lending limit?

    MS. GRAY: That is -- well, that's going to be

    how much ever -- for her it's going to be the net

    principal limit, if she takes it out in a lump sum.

    If not, it's going to be the payoff on her existing

    mortgage plus the closing costs. And then let's

    say she takes that extra 14,000 and she puts it in

    a line of credit, then that will actually grow, but

    the interest won't be charged on that amount, just

    on what she actually takes out.

    MR. GILLESPIE: All right, so the net

    principal lending limit in this example that you

    said is about 91,000?

    MS. GRAY: Exactly, uh-huh.

    MR. GILLESPIE: So the interest would be

    charged on that 91,000?

    MS. GRAY: Well, if she takes it all out at

    one time.

    MR. GILLESPIE: Let's say she takes, just for

    the sake of illustration, that she takes it all

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    out.

    MS. GRAY: Then, yes, that would be correct.

    MR. GILLESPIE: And what is the current

    interest rate?

    MS. GRAY: Right now the expected interest

    rate -- now this is based on HECM monthly 150. And

    that would be 5.17, that's what it is right now.

    MR. GILLESPIE: Okay. So that's roughly 4,700

    a year?

    MS. GRAY: Yeah -- well, and it compounds, so

    it's going to -- it's going to -- let me do an

    amortization real quick, Neil. I'll send you an

    amortization, too, so you can see how it --

    MR. GILLESPIE: All right. So that 4,700 is

    going to be added to the balance; is that right?

    MS. GRAY: Uh-huh.

    MR. GILLESPIE: Every year, like you say, it

    compounds.

    MS. GRAY: It compounds, exactly.

    MR. GILLESPIE: So how does that ever -- how

    does the house ever increase more than that amount?

    MS. GRAY: Well, your house, you know -- you

    mean the value of the home?

    MR. GILLESPIE: Yes.

    MS. GRAY: Well, what we do when we do an

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    amortization is we use a 4 percent appreciation

    rate.

    MR. GILLESPIE: Yes.

    MS. GRAY: Which could be more than that some

    years. You look at the past year or two in the

    mortgage industry, might be less than that.

    MR. GILLESPIE: Well, even using 4 percent,

    that's still a 1 percent -- 1.17 percent loss.

    MS. GRAY: Uh-huh. She's looking at -- hang

    with me now just a second, I'm doing an

    amortization. Okay. Now this is using, like I

    say, 4 percent appreciation on the home value of

    140. Okay. She should -- even with assuming she

    takes the whole amount out in a lump sum -- now why

    didn't I -- she should maintain positive equity in

    the home for quite sometime because keep in mind,

    her beginning balance is going to be around 91,000,

    but her home value is around 140.

    MR. GILLESPIE: I see.

    MS. GRAY: So even with interest being accrued

    and compounding, she's got a larger amount for her

    home value that's going to be adjust -- you know,

    adjusted, whatever the factor is, 4 percent. Could

    be 6 percent one year and 2 the next, it's just

    going to, you know, it's hard to say. We usually

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    use 4 percent.

    MR. GILLESPIE: Thank you for pointing that

    out.

    MS. GRAY: But I think that might be why, it

    does maintain positive equity.

    MR. GILLESPIE: Thank you for pointing that

    out.

    MS. GRAY: Sure. Sure. Matter of fact, in --

    let me see something right quick. Okay. Let's

    look at year 10. Okay. In year 10 her balance on

    this loan will be around $150,000. And her home

    value will be 207,000.

    MR. GILLESPIE: 207 minus 150.

    MS. GRAY: Uh-huh.

    MR. GILLESPIE: Equity of 57.

    MS. GRAY: Uh-huh.

    MR. GILLESPIE: Okay.

    MS. GRAY: Yeah. That part -- I'll send you a

    printout of that.

    MR. GILLESPIE: Okay.

    MS. GRAY: Okay. Any other questions for me,

    Neil?

    MR. GILLESPIE: No, no, I don't think so.

    MS. GRAY: Okay. Penelope, did you have any

    questions?

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    MRS. GILLESPIE: No, I don't.

    MS. GRAY: Okay. All right. The next part of

    this session will address other options and

    resources that may be useful when considering a

    reverse mortgage. Some State and Local government

    agencies offer low cost reverse mortgages to

    seniors. Eligibility criteria may vary. These

    loans are usually for low to moderate income.

    These are called Public Sector Reverse Mortgages.

    Although these loans usually cost less than a

    regular reverse mortgage, they are very restrictive

    in terms of what the funds can be used for, and

    they are not available in all areas. Some examples

    of Public Sector Loans would be the deferred

    payment loan for home improvements and repairs, the

    property tax deferral loans for repayment of

    property taxes, and long, excuse me, single purpose

    state offer reverse mortgages, for longterm care

    and medical costs. For more information on these

    loans please contact your Local or State Housing

    Authority.

    Many homeowners are eligible for Local, State

    or Federal programs that may allow them to save

    money on expenses. The Area Agency on Aging is a

    resource to help find health, financial and social

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    service programs. For more information on the Area

    Agency on Aging you can contact them toll free at

    1-800-677-1116, or by visiting their website at

    www.eldercare.gov.

    Homeowners who have access to the internet can

    use a quick, easy, confidential service from the

    National Counsel on Aging, which uses a

    questionnaire to help instantly identify programs

    for which they may be eligible. That website is

    www.benefitscheckup.org.

    And finally, you have the Sale Leaseback and

    the Time Sale option. This is where the buyer

    provides the seller a lease to remain in the home,

    either for life or until the lease is terminated by

    the seller. These arrangements are not very common

    and they can be complex. For more information on a

    Sale Leaseback or a Time Sale, please consult a

    real estate attorney or specialist.

    Homeowners should not pay a fee to the lender

    to obtain information. Some companies under the

    guise of estate planning charge 10 percent of the

    amount borrowed for these services. These costs

    are in addition to the traditional costs associated

    with obtaining a HECM loan.

    After the mortgage closing you will have three

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    business days to reconsider your decision. This is

    called the Right of Recision Period. If for any

    reason you change your mind and you decide you do

    not want the loan, you can make a written request

    to cancel. Only HUD approved lenders are able to

    offer the FHA insured HECM. We do not endorse any

    particular lender or loan product.

    I'm going to send you some loan comparison

    examples. Please note these are to be used for

    education and illustrative purposes only. These

    will provide you an estimation of the likely loan

    proceeds and costs. However, only a HECM lender

    can give you your accurate loan offer details.

    If you would like to learn more about the

    reverse mortgage I do recommend that you obtain a

    copy of AARP's 52 page publication: Homemade

    Money. It is available by calling toll free

    1-800-209-8085. Or by visiting their website at

    www.aarp.org.

    And that concludes the reverse mortgage

    presentation as required by HUD. Did you have any

    questions for me or anything you would like for me

    to go over in more detail with me?

    MR. GILLESPIE: Mom, do you have any

    questions?

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    MRS. GILLESPIE: No, I don't. Sorry.

    MR. GILLESPIE: Well, it sounded pretty good

    to me. What was your name again, ma'am?

    MS. GRAY: My name is Susan Gray.

    MR. GILLESPIE: Susan Gray.

    MS. GRAY: Yes. Would you like my toll free

    number and extension?

    MR. GILLESPIE: Yes, yes, uh-huh.

    MS. GRAY: It is 1-800-873-2227.

    MR. GILLESPIE: 2227.

    MS. GRAY: Yes, sir. And my extension is

    6636.

    MR. GILLESPIE: 6636. And that's Susan

    S-u-s-a-n.

    MS. GRAY: Uh-huh.

    MR. GILLESPIE: Gray, G-r-a-y.

    MS. GRAY: That's correct, uh-huh.

    MR. GILLESPIE: And if we have any questions

    can we call you at this number?

    MS. GRAY: You certainly can. If you get my

    voice mail, just leave me a message and I'll call

    you back. And I usually try to return calls during

    that business day.

    MR. GILLESPIE: All right. I think you have

    answered all the questions. You helped me

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    understand the interest, how that was added back to

    the principal and how that related to the annual

    projected property value increase.

    MS. GRAY: Okay.

    MR. GILLESPIE: Because I don't think I had a

    clear understanding of that prior.

    MS. GRAY: That was a really good question,

    observation about the property value increase and

    the interest rate. But it's just you got a -- a

    lower principal limit, so your home should maintain

    positive equity for a long time.

    MR. GILLESPIE: Uh-huh. All right. I think

    then that is everything.

    MS. GRAY: Okay. Well, I sure hope things go

    well for both of you and I will make sure we get a

    copy of this faxed over to Liz. I'll send that to

    her in just a few minutes. And then, now, the

    originals, I will be mailing those to your home.

    Once you get those originals you will both need to

    sign those. And then your lender is going to ask

    you for those originals.

    MR. GILLESPIE: All right.

    MRS. GILLESPIE: Okay.

    MS. GRAY: Okay. Anything else I can do for

    you today?

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    MR. GILLESPIE: I guess the only other

    question I have about the interest rate was over,

    you know, the last 10 years or so has it been about

    that same amount or has it gone lower or higher?

    MS. GRAY: You know, Neil, I have had -- I

    have not pulled a history of the T-bill rates.

    It's the one year T-bill rate.

    MR. GILLESPIE: Uh-huh.

    MS. GRAY: And I -- but I have been told that

    it has remained fairly constant. It's probably one

    of the more stable indexes. But I don't have a

    history of it. I think you can probably pull that

    off the internet.

    MR. GILLESPIE: Yes.

    MS. GRAY: A history of the T-bill rate. And

    I keep saying I'm going to do that and I just

    never, never do it, but I believe back in the 80's

    it may have had some pretty -- a lot bigger

    changes, but I would say the past 10 years it's

    probably remained pretty constant.

    MR. GILLESPIE: I see. All right. Well, it's

    the T-bill rate and that is what I will look for.

    MS. GRAY: Right. It's the one year.

    MR. GILLESPIE: One year T-bill rate.

    MS. GRAY: Uh-huh.

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    MR. GILLESPIE: Okay. Sounds good.

    MS. GRAY: And I don't have the information on

    the fixed rate. That is still a relatively new

    option and we don't have the information on that at

    this time.

    MR. GILLESPIE: Because under this it will be

    this rate at 5.1, you know, approximately. That

    will be adjusted in a monthly or annually?

    MS. GRAY: That's going to be up to you how

    you want to set that up. They can set it up, but

    you can choose either option.

    MR. GILLESPIE: But a fixed rate for the life

    of the loan, that gives you more predicability.

    MS. GRAY: It does. But I don't know what the

    lender's margin, I don't know how they determine or

    what they use to base the fixed rate on. We

    haven't been given a lot of information other than

    it is out there now.

    MR. GILLESPIE: Okay.

    MS. GRAY: But I am sure your lender can

    advise you on that option and at least make you

    aware of it so that you can, you know, decide if

    that will help you or not. I just don't know too

    much about it.

    MR. GILLESPIE: All right.

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    MS. GRAY: Other than it's, you know, it's out

    there now.

    MR. GILLESPIE: Uh-huh.

    MS. GRAY: I know the annually adjustable HECM

    you're going to have a higher lender's margin,

    which at the end of the day gives you less money

    out of your reverse mortgage than would a monthly

    adjustable option. Which you will see that when I

    send you these comparisons. I have the Fannie Mae

    Home Keeper, the Monthly Adjustable and the

    Annually Adjustable all next to each other, so you

    can compare them and you can see the differences.

    MR. GILLESPIE: All right. And what is this

    margin you're talking about?

    MS. GRAY: Okay. They're -- the lender is

    allowed to charge a lender's margin, which is an

    index that they attach to that one year T-bill

    rate.

    MR. GILLESPIE: And how much does that run?

    MS. GRAY: The lender's margin can be as high

    as 1 and a half percent. There may be a 2 percent

    now. I really -- but I haven't been -- I don't

    know a lot about it yet. But as far as I know 1

    and a half percent is what we show as being the

    highest.

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    MR. GILLESPIE: Uh-huh.

    MS. GRAY: And it has been the case -- and let

    me do something real quick here. That -- the 1 and

    a half percent lender's margin actually netted you

    more money at the end of the day. Let me do

    something real quick and I'll tell you. If you

    look at a HECM 1 percent lender's margin your -- I

    believe that's the 14,000 was your -- based on

    these numbers I have was what you would have on the

    table.

    MR. GILLESPIE: Yes, that's what you said.

    MS. GRAY: Okay, if we look at a 1 percent

    lender's margin, you would have around 13,000 --

    well, 13,800 versus the 1 and a half percent. And

    I am going to tell you why here in just a second,

    why it's like that. The first time it's ever been

    that way. The 150 gives you 14,073. So the

    lender's margin in this example, the higher

    lender's margin actually gives you more cash. And

    I don't know that it wouldn't even be more with the

    2 percent. I don't have a 2 percent, if they can

    even do a 2 percent.

    MR. GILLESPIE: Well, why would that be?

    MS. GRAY: I'm fixing to tell you. I'm fixing

    to tell you. Hang with me just one second. I'm

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    trying to find my information on that. Okay. The

    fact is that the expected interest rate has now

    dropped so low that it is even below the floor that

    was established for the factor table used in the

    HUD formulas. This means that the HECM 150 has the

    same or slightly higher principal limit than the

    100. So --

    MR. GILLESPIE: So the HECM 100 is really a

    buyer's margin of 1 point?

    MS. GRAY: 1 point.

    MR. GILLESPIE: And a HECM 150 is a buyer's

    margin of 1.1 and a half points.

    MS. GRAY: That is right.

    MR. GILLESPIE: And this 1 and a half points

    is added to the interest rate.

    MS. GRAY: To the T-bill rate.

    MR. GILLESPIE: T-bill rate, uh-huh. I still

    don't see how a higher interest rate leads to a

    higher amount of money being able to take out.

    MS. GRAY: And I'll be honest with you, Neil,

    I don't understand the mathematical reasoning

    either, other than it has something to do with the

    floor that was used when they made up these factor

    tables.

    MR. GILLESPIE: And you said something

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    about -- well, what do you mean by the floor?

    MS. GRAY: Like I say, to get you really

    detailed information I don't -- I don't have the

    mathematical -- I just don't, I'm being honest with

    you, I don't know. I just know that it's coming

    out -- I would imagine if your lender could

    probably give you more insight as to that

    particular reason.

    MR. GILLESPIE: Well, what do you mean by

    floor?

    MS. GRAY: It's just -- it just says the floor

    that these factor tables have. I guess --

    MR. GILLESPIE: In other words, you don't

    really know what the floor is.

    MS. GRAY: No, I do not know. I'm sorry.

    MR. GILLESPIE: It's not the thing that's

    covered with wall to wall carpet.

    MS. GRAY: Yeah, yeah. I don't know what the

    floor was when they developed the formula for this

    program that we use, I don't know.

    MR. GILLESPIE: And what did you -- you

    mentioned something about these rates are lower

    than what they had projected historically sometime

    ago.

    MS. GRAY: No, that the variance in the 150

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    giving you more money than a 100 is something that

    has -- it was never like that until around the

    latter part of last year --

    MR. GILLESPIE: I see.

    MS. GRAY: -- when the interest rate dropped.

    MR. GILLESPIE: The interest rate dropped?

    MS. GRAY: Yeah. I guess the T-bill rate

    dropped lower than what they had built into the

    formula. I really don't understand it. I just

    know that whenever you factor a 150 up against a

    100 you're getting more cash out.

    MR. GILLESPIE: And the T --

    MS. GRAY: It was never like that before.

    MR. GILLESPIE: And the T-bill rate dropped

    last year?

    MS. GRAY: It dropped -- I mean, it goes up

    and down every week.

    MR. GILLESPIE: I see.

    MS. GRAY: It changes from week to week.

    MR. GILLESPIE: I need to do a historical

    search on that.

    MS. GRAY: Yeah, check that out. Because, in

    fact, I'll probably do that when we hang up today.

    I'll probably check it out myself because I don't

    have that information. I know that it's out there

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    on the web, I just never pulled it up. I know it's

    published ever week in the Wall Street Journal.

    MR. GILLESPIE: All right.

    MS. GRAY: If you go to their website, and I

    believe it's on Wednesdays that they publish that

    T-bill rate.

    MR. GILLESPIE: All right, I'll look for that.

    MS. GRAY: So you can kind of, if you want to

    follow it you can.

    MR. GILLESPIE: All right. Did you have any

    other questions, mom?

    MRS. GILLESPIE: No, I don't, no.

    MR. GILLESPIE: All right, well, we will look

    for this stuff you're going to mail us.

    MS. GRAY: Okay. I'll send you some things in

    the mail. And like I say, be sure to hold on to

    those certificates for your lender.

    MR. GILLESPIE: We will.

    MS. GRAY: Okay.

    MR. GILLESPIE: All right. Thank you for

    calling.

    MS. GRAY: Sure. Thank you.

    MRS. GILLESPIE: Thank you.

    MS. GRAY: Thank you.

    MR. GILLESPIE: Goodbye.

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    MS. GRAY: Bye-bye.

    (Whereupon, the above recording was

    concluded.)

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    37

    C-E-R-T-I-F-I-C-A-T-E

    STATE OF FLORIDA

    COUNTY OF HILLSBOROUGH

    I , Michael J . Borseth, Court Reporter

    for the Circui t Court of the Thir teenth Jud ic ia l

    Circui t of the State of Florida, in and for

    Hillsborough County O HEREBY CERTIFY, tha t I was

    authorized to and did t r ansc r ibe a tape/CD recording of

    the proceedings and evidence in the above-styled cause,

    as s ta ted in the caption hereto, and t ha t the foregoing

    pages cons t i tu te an accurate t r anscr ip t ion of the tape

    recording of said proceedings and evidence, to the bes t

    of my ab i l i t y.

    IN WITNESS WHEREOF, I have hereunto se t my hand

    in the City of Tampa County of Hillsborough, State of

    Florida, t h i s 14 Apri l 2013.

    MICHAEL J . BORSETH, Court Reporter