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If you're a homeowner considering a reverse mortgage, it's essential to understand what happens to the loan after you pass away. The surviving spouse or heirs can face significant financial burdens if they're not prepared.
The lender has the right to sell the property to recoup the loan balance, which can be a substantial amount. In fact, according to the article, the average loan balance for a reverse mortgage is around $250,000.
The surviving spouse can choose to repay the loan, sell the property, or allow the lender to sell it. However, they may need to consider other options, such as applying for a new mortgage or using other assets to cover the debt.
The lender is required by law to give the surviving spouse or heirs a certain amount of time to respond to the loan demand, typically 30-60 days. This allows them to explore their options and make informed decisions about the property.
What Happens After Death
After death, the process of handling a reverse mortgage can be complex, but it's essential to understand the steps involved. The heirs inherit the home subject to the reverse mortgage lien, meaning they won't receive title to the property free and clear.
The heirs are responsible for paying off the debt, which includes the $150,000 debt, plus any fees and interest that have accrued and will continue to accrue until the debt is paid off. This can be a significant burden, especially if the heirs don't have the financial means to cover the costs.
The lender will send a "Demand Letter" to the estate, which includes the balance on the reverse mortgage and options for paying it off. This letter is typically sent within a short period after the homeowner's death.
Here's a step-by-step overview of the process:
The heirs have several options for handling the reverse mortgage after death, but it's essential to understand the process and the potential consequences of not paying off the debt.
Mortgage Responsibilities
If you take out a reverse mortgage, your heirs will need to repay the loan when you pass away. This can be a significant burden for them, as they'll have to use some of the equity in your home to pay off the loan.
A maturity event, such as your death, triggers the need for your heirs to take action. They should contact the servicer as soon as possible to discuss their options. The home's equity, minus the loan balance, is an asset that should be protected.
Foreclosure is a costly and time-consuming process for everyone involved. It's best to avoid it, but the HECM program does require foreclosure in certain circumstances. The lender can check death records and databases to determine if the borrower has passed away.
The 30-day period to reply with an "intent to satisfy" letter begins at the time of death, not when the lender discovers it. This means that trying to hide the fact of your passing will only waste valuable time.
Here are some steps your heirs can take to protect their interests:
- Keep the lender informed of your death and the need to repay the loan.
- Contact the servicer as soon as possible to discuss options for repaying the loan.
- Consider putting together an action packet, like the one described in Example 2, to make the process easier for everyone involved.
Co-Borrowing and Inheritance
Co-borrowing and inheritance can be a complex issue when it comes to reverse mortgages. If you have a co-borrower, the loan will continue to be active even after one of the borrowers dies. The co-borrower will still be responsible for paying property taxes, homeowners insurance, and other expenses.
The co-borrower will also continue to receive loan payouts and can stay in the home as long as they make the required payments. However, if the co-borrower fails to make these payments, the loan can go into default, pre-foreclosure, or foreclosure. This can lead to serious consequences, including the loss of the home.
It's essential to note that you can't outlive a reverse mortgage. As long as the co-borrower stays current with payments and basic maintenance, they can live in the home for as long as they want without repaying the loan. However, when the last borrower dies, the reverse mortgage becomes due, and the loan must be repaid.
Here are the options available to the co-borrower when the loan becomes due:
- Pay back the loan
- Sell the home and use the proceeds to repay the reverse mortgage
- Deed the home to the lender
- Do nothing and let the lender foreclose
It's crucial to discuss these options with the co-borrower and consider their financial situation and goals. By understanding the responsibilities and consequences of co-borrowing, you can make informed decisions about the future of the home and the loan.
Managing the Loan
You can pay off your line of credit or reverse mortgage balance during your lifetime, which is a crucial step in avoiding reverse mortgage problems after your death.
By paying down the balance over time, you keep your heirs from facing financial difficulties due to the loan's outstanding amount.
You can still make use of the equity in your home when you need it, but it's essential to strike a balance between utilizing the equity and reducing the loan balance.
Paying off the loan balance during your lifetime is a thoughtful way to ensure your heirs aren't burdened with the debt after you pass away.
Estate Planning
Estate planning is a crucial step in ensuring your heirs are protected after your passing. You can set aside funds in your estate to pay off a reverse mortgage, but it's not a requirement.
Mortgages typically don't need to be paid off as part of the estate, but you can direct your executor to use earmarked funds or your residual estate to pay off the reverse mortgage. This will clear the title passed to your heirs and prevent the bank from coming after them.
Communicate with your heirs about the reverse mortgage and their options. Give them details about the loan, including the balance, interest rate, and what will happen when you die. This will help them decide what to do with the house.
Your heirs will have 30 days to decide whether to repay the loan balance or sell the property to pay off the debt after receiving the due and payable notice from the lender.
Decision Making
Deciding what to do with an inherited house can be overwhelming, especially if it has a reverse mortgage. You need to start working with an experienced estate administration attorney right away.
A countdown to problems begins when a loved one dies owning a house with a reverse mortgage. This is why it's essential to seek professional help.
Your estate and probate team can help you consider options to satisfy the debt and get the most benefit from your inheritance.
Understanding Reverse Mortgages
A reverse mortgage is a loan that lets older homeowners convert some of their home's equity into cash. The most popular type of reverse mortgage is the FHA-insured Home Equity Conversion Mortgage (HECM).
The HECM lets you choose among several payment options, including a term option, tenure option, line of credit, or a combination of monthly payments and a line of credit. You can change your payment option if your circumstances change, but there's a fee of $20.
Borrowers remain the owners of the home, but are still responsible for all applicable taxes, insurance, maintenance, and repair. The amount you can borrow depends on the age of the youngest homeowner, the current interest rate, the appraised value of the home, and government-imposed lending limits.
How It Works
A reverse mortgage is a loan that lets older homeowners tap into their home's equity for cash. The most popular type of reverse mortgage is the FHA-insured Home Equity Conversion Mortgage (HECM).
The HECM lets you choose among several payment options, including a term option with fixed monthly cash advances for a specific time, a tenure option with fixed monthly cash advances for as long as you live in your home, a line of credit that lets you draw down the loan proceeds at any time, or a combination of monthly payments and a line of credit.
You can also change your payment option if your circumstances change, but there's a fee of $20 for doing so. Borrowers remain the owners of the home, but they're still responsible for all applicable taxes, insurance, maintenance, and repair.
The amount you can take out depends on your age, the current interest rate, the appraised value of the home, and government-imposed lending limits. The Department of Housing and Urban Development sets a mortgage limit for HECM reverse mortgage loans, which was $765,600 in 2020.
Here are the four payment options available with a HECM:
- Term option – fixed monthly cash advances for a specific time.
- Tenure option – fixed monthly cash advances for as long as you live in your home.
- Line of credit that lets you draw down the loan proceeds at any time in amounts you choose.
- Combination of monthly payments and a line of credit.
The loan typically has to be repaid when the borrower dies, or another specific event happens, such as the borrower moving to another home or leaving due to health reasons for 12 consecutive months or longer.
How It Works After Death
A reverse mortgage can create problems for heirs who inherit the property because the entire balance comes due at once. This can be a stressful and overwhelming experience for them.
The due date for the loan is triggered by the borrower's death, and the heirs will receive a due and payable notice from the lender indicating the full balance of the reverse mortgage that must be paid.
The U.S. Department of Housing and Urban Development (HUD) guidelines for HECMs say that lenders should attempt to resolve the loan within 6 months of the borrower's death. This can be a tight timeline, especially if there are delays in the probate process.
Heirs who are actively working to resolve the debt can request up to two 90-day extensions with HUD approval, even while the foreclosure proceedings are ongoing. This can give them some extra time to sell the property or seek financing.
The property will have a "clouded title" until the reverse mortgage is paid, making it harder to sell the property because the buyer and title company will need assurances that the debt will be settled at the time of closing.
Frequently Asked Questions
Can heirs walk away from reverse mortgage?
Heirs can choose to walk away from a reverse mortgage, but the lender will then take possession of the property to recover the loan balance. This option may be considered if the heirs cannot afford to repay the loan or keep the home.
Are children responsible for parents' reverse mortgage?
Children are not legally responsible for their parents' reverse mortgage, but they may be required to pay off the balance to keep the inherited home. However, they are not obligated to do so and can explore other options.
What happens to my reverse mortgage if I go into a nursing home?
If you go into a nursing home, your reverse mortgage typically becomes due and must be repaid. Your spouse may be able to remain in the home under certain conditions.
Does HUD hold reverse mortgages?
HUD may hold reverse mortgages if there is little equity left in the property, but ideally, heirs are expected to pay off the loan.
What happens if my husband died and I'm on the mortgage?
When a co-borrower passes away, the surviving borrower is still responsible for making mortgage payments. You'll need to contact your lender to discuss your options and ensure you understand your continued responsibilities
Sources
- https://atgtitle.com/what-happens-with-a-reverse-mortgage-after-you-die/
- https://www.harrisonestatelaw.com/reverse-mortgage-problems-for-heirs/
- https://www.nolo.com/legal-encyclopedia/if-i-reverse-mortgage-can-i-leave-home-heirs.html
- https://www.peoples-law.org/reverse-mortgages
- https://reversemortgagealert.org/payoff/
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