Legislature(1995 - 1996)

01/23/1996 08:00 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
 HB 363 - INTEREST ON MORTGAGE ESCROW ACCTS                                  
                                                                               
 Number 0645                                                                   
                                                                               
 The next order of business to come before the House State Affairs             
 Committee was HB 363.                                                         
                                                                               
 REPRESENTATIVE CON BUNDE read the following sponsor statement                 
 into record.                                                                  
                                                                               
 "Congress found that many lenders were maintaining bloated escrow             
 accounts with a year or more of excess escrow payment in them.                
 Lenders called this excessive amount a "cushion," but are unable              
 to justify the need for such an excess.  In response, Congress                
 has enacted the Real Estate Settlement Procedures Act (RESPA)                 
 which prohibits lenders and mortgage servicers from requiring                 
 consumers to maintain more than an extra two months' worth of the             
 yearly amount necessary to pay taxes and insurance premiums.                  
 Some escrow accounts do not have more than two months' payment                
 available.  However, the accounting system used by the                        
 institutions holding the escrow account may cause the account to              
 be seriously over the two month ceiling set by RESPA.                         
                                                                               
 "Lenders often invest these escrow accounts for the short term                
 and use the profits as their institution sees fit.  The consumer              
 that pays into the escrow account gives the use of their money to             
 the bank and gains nothing."                                                  
                                                                               
 Representative Bunde interjected and said it was considered                   
 previously in Alaska to pay interest on escrow accounts but was               
 discovered it was only worth a few dollars.  As a result, some                
 felt it was not worth the effort.  Collectively, however, the                 
 mortgages generated a great deal of money.                                    
                                                                               
 He continued to read his sponsor statement into the record.                   
                                                                               
 "Therefore the institutions that hold escrow accounts have an                 
 incentive to ignore RESPA and bloat their accounts in order to                
 maximize profits."                                                            
                                                                               
 He further stated some mortgages did not allow the two month                  
 cushion that RESPA supported.  Most institutions, however, used               
 the two month cushion even though the underlying mortgage                     
 prohibited any cushion or more than a one month cushion.                      
                                                                               
 He continued to read his sponsor statement into the record.                   
                                                                               
 "HB 363 would require lending institutions to pay interest on                 
 money in escrow in reserve accounts.  The interest shall be                   
 credited to the principal balance of a mortgage or paid directly              
 to the borrower.                                                              
                                                                               
 "It's certainly time lending institutions give the consumer a                 
 better deal and I urge the committee to careful consideration of              
 passage of this legislation."                                                 
                                                                               
 Representative Bunde said he would be happy to answer any                     
 questions.                                                                    
                                                                               
 Number 0897                                                                   
                                                                               
 REPRESENTATIVE GREEN commented he understood the concept of a two             
 month pool built to pay insurance, but wondered about accounts                
 paid semi-annually such as property taxes.                                    
                                                                               
 Number 0929                                                                   
                                                                               
 REPRESENTATIVE BUNDE responded there was an accounting system                 
 that separated the items.                                                     
                                                                               
 Number 0965                                                                   
                                                                               
 REPRESENTATIVE GREEN stated it would be an additional safety if               
 an account was above the amount due.                                          
                                                                               
 Number 0975                                                                   
                                                                               
 REPRESENTATIVE PORTER enquired why a lending institution would                
 not make up the difference in fees performed on the loans for the             
 various costs they were reserving for the funds.  They were                   
 actively involved in paying and receiving bills, he said.                     
                                                                               
 Number 1000                                                                   
                                                                               
 REPRESENTATIVE BUNDE responded there was a service and a cost                 
 attached. However, an accounting for that cost needed to be                   
 established rather than alluding to it as a "slush" fund, he                  
 asserted.                                                                     
                                                                               
 Number 1037                                                                   
                                                                               
 REPRESENTATIVE SCOTT OGAN referred to the language "a bank" in HB
 363, and questioned if there was a more generic term to cover                 
 other entities such as credit unions.  He recommended the term                
 "lending institution."                                                        
                                                                               
 Number 1066                                                                   
                                                                               
 REPRESENTATIVE BUNDE agreed the more appropriate term was                     
 "lending institution" and commented he did not attempt to single              
 out banks.                                                                    
                                                                               
 REPRESENTATIVE OGAN asked if it would be appropriate to make a                
 motion to amend the language.                                                 
                                                                               
 REPRESENTATIVE BUNDE said it was an oversite on his part.  He                 
 thought the language had already been corrected.                              
                                                                               
 Number 1109                                                                   
                                                                               
 REPRESENTATIVE GREEN suggested it be used in the definition of                
 "bank" to cover everything.                                                   
                                                                               
 Number 1115                                                                   
                                                                               
 REPRESENTATIVE BUNDE said he was using the term "bank"                        
 generically and suggested Willis Kirkpatrick, Director, Division              
 of Banking, Securities and Corporations, Department of Commerce               
 and Economic Development respond to the dialogue for technical                
 support.                                                                      
                                                                               
 Number 1135                                                                   
                                                                               
 REPRESENTATIVE IVAN asked how Representative Bunde arrived at the             
 2 percent figure stated in HB 363.                                            
                                                                               
 Number 1145                                                                   
 REPRESENTATIVE BUNDE responded it was an area of discussion and a             
 starting point for negotiation.  He announced he was willing to               
 discuss the figure.                                                           
                                                                               
 Number 1185                                                                   
                                                                               
 CHAIR JAMES asked why it was not the same as a savings account                
 interest rate.                                                                
                                                                               
 Number 1190                                                                   
                                                                               
 REPRESENTATAIVE BUNDE responded it was a good suggestion.                     
                                                                               
 Number 1195                                                                   
                                                                               
 REPRESENTATIVE GREEN said 2 percent mentioned in HB 363 narrowed              
 the difference more than a savings account.  He stated there was,             
 more often than not, a larger gap than 2 percent between the                  
 lending and saving account.  He said he understood why                        
 Representative Bunde wanted to close the gap.                                 
                                                                               
 Number 1211                                                                   
                                                                               
 CHAIR JAMES responded institutions would be obliged to stay at                
 the 2 percent rate rather than give an accelerated rate based on              
 the overall banking theory.  Therefore, paying extra money, for               
 the use of money, in this case, challenged that concept.  She                 
 asserted this would result in more service charges because it                 
 would cost the banks extra.                                                   
                                                                               
 Number 1258                                                                   
                                                                               
 REPRESENTATIVE GREEN further stated this created a tendency not               
 to use the money.  He alluded the bill was intended to reduce the             
 number of banks using the reserve accounts for their own gain.                
                                                                               
 Number 1266                                                                   
                                                                               
 CHAIR JAMES asked if Representative Bunde had any figures on the              
 discrepancy in reserved accounts.  She said she knew of a number              
 of institutions where there were insufficient funds demanding                 
 adjustments the following year.  She stated this was especially               
 true when taxes were increased.  She further questioned if the                
 cushion was sufficient - too much or too little.                              
                                                                               
 Number 1300                                                                   
                                                                               
 REPRESENTATIVE BUNDE responded he had figures nationwide and                  
 reminded the committee members many Alaskans took their mortgages             
 to banks outside.  The purpose of the cushion, he further said,               
 was so that lending institutions would not have to dip into their             
 funds.  He said institutions did not dip into their accounts                  
 nationwide.  The cushion sometimes was several months up to a                 
 year in excess of what was needed to protect themselves.                      
 Representative Bunde again stated Willis Kirkpatrick was here to              
 testify and to answer any technical questions.                                
                                                                               
 Number 1355                                                                   
                                                                               
 CHAIR JAMES replied the balance in escrow accounts were                       
 relatively small according to her experiences in tax preparation.             
                                                                               
 Number 1372                                                                   
                                                                               
 REPRESENTATIVE BUNDE stated a similar bill had been introduced to             
 the Alaska State Legislature several years ago.  The impetus was              
 based on a situation where a woman could not move her money from              
 one mortgage to the next.                                                     
                                                                               
 CHAIR JAMES asked if there were any further questions or                      
 comments.                                                                     
                                                                               
 Number 1425                                                                   
                                                                               
 WILLIS KIRKPATRICK, Director, Division of Banking, Securities and             
 Corporations, Department of Commerce and Economic Development,                
 said he was not here to testify but to answer any questions.                  
                                                                               
 Number 1465                                                                   
                                                                               
 REPRESENTATIVE GREEN referred to the question asked earlier, if               
 it was customary for lending institutions to have a "cushy"                   
 amount or a modest amount in excess.                                          
                                                                               
 Number 1480                                                                   
                                                                               
 MR. KIRKPATRICK responded according to RESPA, institutions were               
 not allowed to have more than two months of cushion as far as                 
 taxes and hazardous insurance were concerned.  In his situation,              
 he shared, his escrow account was always short especially when                
 taxes were paid in September, and his payments tended to increase             
 every year due to the shortage.  Mr. Kirkpatrick shared with the              
 committee member his tax bill was around $2,000 which meant he                
 would have around $2,000 in September in his escrow account.  He              
 further stated 90 institutions outside of Alaska regulated under              
 Title VI - banks, credit unions and mutual savings banks - had a              
 certificate of authority to do lending business in the state.  He             
 questioned how an escrow account outside of Alaska would be                   
 affected by HB 363.  He also commented mortgage loans were                    
 accessed over the internet now and wondered how this would affect             
 the bill.                                                                     
                                                                               
 Number 1625                                                                   
                                                                               
 REPRESENTATIVE GREEN said there were many institutions not                    
 adhering to the federal law.  He also asserted the law was not                
 being enforced.  He asked if there really was a problem, or was               
 something needed to reassure the federal law.                                 
                                                                               
 Number 1655                                                                   
                                                                               
 MR. KIRKPATRICK said he did not have the information available to             
 answer Representative Green's question.  He felt the commercial               
 banks, credit unions and mutual savings banks were complying with             
 the federal law.                                                              
                                                                               
 Number 1673                                                                   
                                                                               
 REPRESENTATIVE PORTER asked if HB 363 would put Alaska in an                  
 inferior position.                                                            
                                                                               
 Number 1693                                                                   
                                                                               
 MR. KIRKPATRICK responded financial institutions were targeted                
 under the generic term "bank."  He stated it was a highly                     
 competitive business and Congress was continually battling the                
 over regulation of banks.  There were other financial                         
 intermediaries that had no Congressional regulations, such as                 
 American Express.  He divulged there were other states that had               
 this law and were not put at a disadvantage.  A financial                     
 institution would have to look at the law as the cost of                      
 conducting business, and it would increase their interest                     
 expense.  He concluded, he really did not know if HB 363 would                
 put Alaska at a disadvantage.                                                 
                                                                               
 CHAIR JAMES asked if there were any further questions or                      
 comments.                                                                     
                                                                               
 Number 1765                                                                   
                                                                               
 REPRESENTATIVE CAREN ROBINSON asked if the committee was going to             
 change the wording to read "financial institutions" rather than               
 "banks."                                                                      
                                                                               
 Number 1693                                                                   
                                                                               
 MR. KIRKPATRICK suggested to change the wording under Title VI,               
 chapter one, the administrative title, would direct all                       
 institutions under the title.  He was not sure how to include                 
 mortgage companies, but agreed the term "bank" needed to be                   
 broadened.                                                                    
                                                                               
 Number 1765                                                                   
                                                                               
 REPRESENTATIVE ROBINSON suggested Mr. Kirkpatrick think about the             
 wording further and return with a recommendation.                             
 Number 1828                                                                   
                                                                               
 MR. KIRKPATRICK agreed with Representative Robinson's statement.              
                                                                               
 Number 1830                                                                   
                                                                               
 REPRESENTATIVE ROBINSON asked Mr. Kirkpatrick to respond to                   
 Representataive Ivan's earlier question regarding the 2 percent               
 interest referenced in HB 363.                                                
                                                                               
 Number 1840                                                                   
                                                                               
 MR. KIRKPATRICK cited if the mortgage loan interest rate was 10               
 percent, therefore, according to HB 363, the escrow interest                  
 would be 8 percent.  That, he said, was a favorable rate.  Mr.                
 Kirkpatrick shared with the committee his account was only paying             
 2.3 percent interest.  He suggested looking at the relationship               
 between the deposit and the interest of a depository institution.             
 If, however, it was not a depository institution he did not know              
 what to recommend.                                                            
                                                                               
 Number 1893                                                                   
                                                                               
 REPRESENTATIVE ROBINSON said this discussion made her curious                 
 about her own mortgage account.                                               
                                                                               
 Number 1906                                                                   
                                                                               
 CHAIR JAMES called on a banking industry representative to                    
 testify.                                                                      
                                                                               
 ROBIN WARD, President, Summit Title Insurance Agency Ltd., said               
 the Alaska Mortgage Bankers Association (AMBA) opposed HB 363.                
 She said it would cause a problem with competitive mortgage rates             
 within Alaska.  There was a national law in effect that                       
 restricted institutions to a small escrow cushion account.                    
 Consequently, the institutions could no longer hold the excess                
 needed to pay the taxes, insurance or any other items held in                 
 escrow.  The important part, however, was that investors provided             
 a free flow of competitive rates in Alaska.  With this                        
 requirement came an administrative service cost to monitor each               
 loan, she asserted.  Right now, the servicers were providing the              
 service at no charge.  However, HB 363, would result in                       
 institutions charging a fee for that service.  She alleged it was             
 an administrative and an accounting nightmare to keep track of                
 and pay interest.  As a result, interest rates would increase to              
 cover the fees.  The greatest concern, she asserted, was the                  
 possibility companies would not want to do business in Alaska                 
 affecting the competitiveness of the interest rate and the                    
 attractiveness of the state to loan money to.                                 
                                                                               
 Number 2071                                                                   
 REPRESENTATIVE GREEN enquired if Ms. Ward's banking institution               
 was not complying with federal law.                                           
                                                                               
 Number 2077                                                                   
                                                                               
 MS. WARD said as far as she knew the banking institutions were                
 complying with federal law and were holding a very small cushion              
 of two months in excess.                                                      
                                                                               
 Number 2090                                                                   
                                                                               
 REPRESENTATIVE GREEN remarked that HB 363 did the same thing.                 
                                                                               
 MS. WARD replied it did not.                                                  
                                                                               
 REPRESENTATIVE GREEN asked where it was different from the                    
 federal law.                                                                  
                                                                               
 Number 2093                                                                   
                                                                               
 MS. WARD said HB 363 required the servicer to pay interest on the             
 amount of money held to the buyer in reserve to pay their taxes               
 and insurance.                                                                
                                                                               
 Number 2110                                                                   
                                                                               
 CHAIR JAMES commented escrow accounts were calculated at the                  
 beginning of the year based on an estimate of the amount of                   
 insurance and taxes due.                                                      
                                                                               
 Number 2126                                                                   
                                                                               
 MS. WARD responded that was exactly what happened.  That was the              
 only difference in a payment on a loan.  She said they based it               
 on the past years taxes for the coming year.                                  
                                                                               
 Number 2138                                                                   
                                                                               
 CHAIR JAMES responded 1/6 of taxes and 1/6 in addition to the                 
 requirement for the taxes and insurance was held.                             
                                                                               
 Number 2146                                                                   
                                                                               
 MS. WARD said it was more complicated than the above description              
 by Chair James.  She cited in Anchorage taxes were paid in two                
 separate installments and insurance was paid in one installment.              
 Ms. Ward agreed, however, that was the general idea.                          
                                                                               
 Number 2159                                                                   
                                                                               
 REPRESENTATIVE BUNDE referred to a handout titled "Overcharging               
 on Mortgages:  Violations of Escrow Account Limits by the                     
 Mortgage Lending Industry" by the attorneys general of                        
 California, Florida, Iowa, Massachusetts, Minnesota, New York and             
 Texas."  The report found the banking industry was not as service             
 oriented as prior testimony had indicated.  He referred the                   
 committee members to page 8 of the report and called their                    
 attention to the individual item analysis verbiage.  He alluded               
 the accounting system allowed only a two month cushion the day                
 the insurance payment was due and an equal amount due in taxes in             
 six months.  Therefore, the two month cushion sat for six months.             
 Representative Bunde said there was a cost for this service.  It              
 was derived from the interest gained on the float.  He stated it              
 might be equal to the cost of doing business, but no one really               
 knew.  If interest were paid on the escrow, the state of Alaska               
 would attract more money and mortgages, he suggested.                         
 Representative Bunde further said in response to a previous                   
 comment, this was not an accounting nightmare due to computer                 
 technology.  He agreed with previous testimony the money belonged             
 to the homeowner.  Representative Bunde further stated the entire             
 purpose of HB 363 was to make sure the bank complied with RESPA.              
 He advised the bill was an encouragement to comply with federal               
 law and further suggested banks should be required to pay                     
 interest on anything over the two month cushion.  He said, he did             
 not want the bank to use its own money nor charge a service fee.              
 However, there was no assurance the banks were only using the                 
 amount of money they needed for the service charge now.                       
                                                                               
 Number 2324                                                                   
                                                                               
 CHAIR JAMES stated the mortgage owner needed to take individual               
 responsibility.  She questioned whether the mortgage escrow                   
 account was setup for the benefit of the bank or the individual.              
 If it were setup for the individual they would have a choice                  
 where their money went until it was required to make their                    
 insurance and tax payments.  Currently, individuals did not have              
 a choice.  She further voiced there was little argument to pay                
 interest other than what was the standard passbook savings                    
 interest.  Lastly, Chair James declared the individual needed to              
 take more responsibility to ascertain if their account was being              
 handled legally.                                                              
                                                                               
 REPRESENTATIVE BUNDE responded the market forces would respond if             
 there was a lending institution acting unlawfully.  He further                
 stated the main issue was no one knew how much money was being                
 made on servicing a loan.  The difference between the interest                
 and the charges, he asserted, was the problem.  He agreed with                
 Chair James that passbook savings was a logical interest amount.              
                                                                               
 Number 2405                                                                   
                                                                               
 CHAIR JAMES stated we did not know the situation collectively,                
 but each person would be able to ascertain their situation                    
 individually.                                                                 
 Number 2425                                                                   
                                                                               
 REPRESENTATIVE BUNDE cited an example where an individual                     
 negotiated a mortgage with no escrow account so the individual                
 was responsible for paying his own taxes and insurance.  He                   
 further stated escrow accounts were a product of the 1930's when              
 individuals could not pay their taxes and insurance.  However,                
 that was not the situation today.  Representative Bunde lastly                
 pointed out there were 14 states that passed similar legislation              
 and mortgages were still being made.                                          
                                                                               
 TAPE 96-2, SIDE B                                                             
 Number 0000                                                                   
                                                                               
 REPRESENTATIVE ROBINSON questioned why HB 363 was necessary when              
 a federal law existed and suggested a resolution requiring the                
 state financial lenders to follow the federal law.                            
                                                                               
 Number 0037                                                                   
                                                                               
 REPRESENTATIVE BUNDE responded a state resolution would not have              
 an impact when they did not follow the federal law now.                       
                                                                               
 Number 0042                                                                   
                                                                               
 CHAIR JAMES questioned if there was evidence the banks were not               
 following the federal law.                                                    
                                                                               
 Number 0047                                                                   
                                                                               
 REPRESENTATIVE BUNDE said there was evidence at a nationwide                  
 level.                                                                        
                                                                               
 CHAIR JAMES asked about Alaska.                                               
                                                                               
 REPRESENTATIVE BUNDE replied many mortgages went outside Alaska               
 and on a national level there was evidence they were not                      
 following the federal law.  Based on the individual item analysis             
 accounting system, literally billions of dollars were in excess               
 of actual expenses.  He suggested billions of dollars was a lot               
 of money when considering the cost of servicing a loan.                       
                                                                               
 Number 0071                                                                   
                                                                               
 REPRESENTATAIVE GREEN referred to page 9 of the report titled                 
 "Overcharging on Mortgages:  Violations of Escrow Account Limits              
 by the Mortgage Lending Industry" by the attorneys general of                 
 California, Florida, Iowa, Massachusetts, Minnesota, New York and             
 Texas."  He referred the committee members to the bar graph                   
 depicted which illustrated the escalation in the account before               
 each payment.  Representative Green questioned why passbook                   
 interest could not be paid to the amount above the RESPA ceiling.             
 Number 0100                                                                   
                                                                               
 REPRESENTATIVE BUNDE replied that was his original idea.                      
 However, the individual item analysis accounting method                       
 calculated a two month cushion.  The goal he reiterated was to                
 forbid the individual accounting method, require a collective two             
 month cushion, and mandate institutions to pay interest on                    
 anything collected over the two month cushion.  The consumer,                 
 however, had no choice in the amount of money the bank required               
 for their mortgage payments to service the loan without interest.             
 He asserted, the question was how much was actually needed to                 
 service the loan.  He commented he would prefer to see the bank               
 charge a service fee and then pay interest.                                   
                                                                               
 Number 0163                                                                   
                                                                               
 REPRESENTATIVE GREEN said he knew of lending institutions that                
 paid interest on checking accounts without charging a service fee             
 and it did not appear to be an accounting nightmare as previous               
 testimony indicated.  He suggested, the 1/4 to 1/2 percent                    
 additional loan fee to cover the cost was inflated.                           
 Representative Green further suggested there must be a method to              
 discourage the banks from collecting beyond the two month cushion             
 and perhaps charge a fraction of the amount of money they planned             
 to make on the excess.  He cited, if the banks were making 10                 
 percent and paying 3 percent on the excess they were still making             
 money as well as the customer.                                                
                                                                               
 Number 0215                                                                   
                                                                               
 REPRESENTATIVE BUNDE responded it was not a huge amount of money.             
 However, it was a forced participation as Chair James stated                  
 earlier.  He suggested the comfort level would increase if the                
 participants knew that only the amount of money necessary to                  
 service the loan was being used.  Representative Bunde further                
 said this was a highly competitive industry and when given the                
 chance to make money institutions would.                                      
                                                                               
 Number 0261                                                                   
                                                                               
 REPRESENTATIVE OGAN asked if Ms. Ward had any further comments.               
                                                                               
 Number 0282                                                                   
                                                                               
 MS. WARD said, due to possible liens on mortgages, taxes and                  
 insurance, payments were necessary to protect the lender.  Most               
 of the loans made in Alaska, she stated, were high ratio                      
 requiring less than 10 percent down.  Therefore, to protect the               
 lender the property was used as collateral.                                   
                                                                               
 Number 0319                                                                   
                                                                               
 CHAIR JAMES said she felt it was not an accounting nightmare if               
 passbook savings interest was paid on the balance in the escrow               
 account.  She further alleged it was an advantage to the bank to              
 pay interest to help ensure there was sufficient money in the                 
 account to pay the bills.                                                     
                                                                               
 Number 0338                                                                   
                                                                               
 MS. WARD said that was true, except currently, the mortgage rates             
 were 7.5 to 8 percent and the majority of the interest rate went              
 to the investor and not the servicer.                                         
                                                                               
 Number 0366                                                                   
                                                                               
 CHAIR JAMES asked whether servicers, not banks, maintained                    
 escrows in an interest bearing or a trust account.                            
                                                                               
 Number 0382                                                                   
                                                                               
 MS. WARD replied it was held in an interest bearing account.  She             
 further commented the servicer was working for the investor.                  
                                                                               
 Number 0388                                                                   
                                                                               
 CHAIR JAMES said in this case the homeowner did not get any                   
 benefit from the interest bearing account.                                    
                                                                               
 Number 0395                                                                   
                                                                               
 MS. WARD replied the impound account protected the loan and the               
 collateral according to the servicer.  She cited she recently                 
 received a refund from her impounded account.                                 
                                                                               
 Number 0412                                                                   
                                                                               
 CHAIR JAMES asked if there were any further questions or                      
 comments.                                                                     
                                                                               
 REPRESENTATIVE BUNDE informed the committee members the statues               
 defined "bank" and "banking."                                                 
                                                                               
 CHAIR JAMES also reported the term "bank" was defined broadly and             
 included all other financial institutions.                                    
                                                                               
 Number 0430                                                                   
                                                                               
 CHAIR JAMES said she would like to work closely with the sponsor              
 of HB 363 and address the interest dilemma.  She proposed a                   
 possible committee substitute was necessary.                                  
                                                                               
 Number 0461                                                                   
                                                                               
 REPRESENTATIVE BUNDE thanked the chair and quoted 3 percent as a              
 fair amount or tie it to a passbook savings interest.                         
                                                                               
 Number 0472                                                                   
                                                                               
 CHAIR JAMES responded there were institutions that did not have               
 passbook savings.                                                             
                                                                               
 Number 0480                                                                   
                                                                               
 REPRESENTATIVE BUNDE replied then an average of passbook savings              
 paid in Alaska was fair.  He further reiterated Ms. Ward's                    
 testimony that servicers made money on the interest in the escrow             
 accounts.  He suggested there existed the potential to pad the                
 escrow and urged the committee members to require paying a                    
 predetermined percentage on the entire account to prevent                     
 dishonestly.                                                                  
                                                                               
 Number 0509                                                                   
                                                                               
 REPRESENTATIVE PORTER suggested the subcommittee address other                
 issues as well.  He expressed he was not sure if a problem really             
 existed.  He commented there was the unknown cost factor added to             
 the mortgage account based on the institution benefitting, but                
 the borrower benefited as well by not having to pay for the                   
 services.  Furthermore, the testimony today indicated the                     
 services were required.  Representative Porter, in conclusion,                
 stated, if we were to compensate the borrower for using the money             
 then we should also compensate the institution for the service.               
 He further said he was not comfortable passing a bill that could              
 potentially cost people money.                                                
                                                                               
 Number 0580                                                                   
                                                                               
 CHAIR JAMES disagreed with Representative Porter.  She alleged                
 the institutions were providing a service for themselves and not              
 for the mortgage holder.                                                      
                                                                               
 Number 0629                                                                   
                                                                               
 REPRESENTATIVE ROBINSON appreciated the consumer right aspect of              
 HB 363 but again questioned whether or not a bill was necessary.              
 She stated the committee should enforce the banks to comply with              
 the existing laws rather than produce another piece of                        
 legislation.                                                                  
                                                                               
 Number 0670                                                                   
                                                                               
 CHAIR JAMES said the issues involved were putting money into an               
 interest bearing account and not getting a return and taking away             
 individual responsibility.  Chair James expressed it was an                   
 individual's responsibility to comply with the escrow laws.  She              
 lastly asked for members who were interested in working on HB 363             
 further.                                                                      
                                                                               
 Number 0743                                                                   
                                                                               
 REPRESENTATIVE BUNDE replied to Representative Porter's previous              
 comment regarding the service fee.  He said, the consumer was                 
 paying a service fee now, however, they did not know how much.                
                                                                               
 CHAIR JAMES asked Ms. Ward if she would be available in the                   
 future to answer further questions.                                           
                                                                               
 MS. WARD responded, "yes."                                                    
                                                                               
 Number 0788                                                                   
                                                                               
 CHAIR JAMES excused Representative Ogan due to an Oil and Gas                 
 Committee meeting.                                                            

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