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Surviving Spouses and Reverse Mortgages

By
Mortgage and Lending with Jack Tenold LLC Jack Tenold NMLS 10261

Surviving Spouses and Reverse Mortgages

 

What you need to know when a non-borrowing spouse lives in a home that has a Reverse Mortgage.

 

In the past, when one of the married couple was under the age of 62, a homeowner's choices were to either

A:  postpone applying for a reverse mortgage until the younger spouse became eligible or

B:  take the risk of getting a reverse mortgage on just one of them.

 

Reverse Mortgage and death of spouse With Option B, there was a chance that the non-borrowing spouse could become homeless if there was not enough life insurance or other assets to pay off the loan in the event of the borrower's death.   

 Easing the terms for Reverse Mortgages as related to Surviving Spouses is a good thing. The non-borrowing spouse (NBS) is not a borrower and is not on title. However he or she may continue to live in the home after the death of the borrowing spouse. The age requirement for eligibility for a  reverse mortgage has been and remains at age 62. 

 

From "Origination News" (an industry magazine for lenders), author Brad HECM and non-borrowing spouses Finkelstein writes.

"A non-borrowing spouse, specifically named in the HECM documents and continuing to occupy the home as the principal residence, will not be required to repay the loan right away as long as he or she continues to meet certain criteria.  These include maintaining the primary residence and paying taxes and insurance on the property." 

 

HUD guidelines state that HECMs taken out on or after August 4, 2014 with non-borrowing spouses may remain in the home after the HECM borrower dies (and the loan repayment will be deferred) so long as certain guidelines are followed. 
  • the NBS is married to the borrower at the time of the loan closing (and remains married to the borrower for the duration of the borrower's lifetime)
  • their spousal status is disclosed at the time of the closing
  • the NBS is named in the loan documents
  • theNBS has occupied, and continues to occupy, the property securing the HECM as his/her principal residence
  • the NBS establishes legal ownership (or another ongoing legal right to remain in the home) within 90 days of the death of the last surviving borrower, and
  • the NBS meets all of the obligations described in the loan documents. See HUD Mortgage  http://www.nolo.com/legal-encyclopedia/new-rule-spouses-not-named-reverse-mortgages-are-protected-from-foreclosure.html.

 

The age of the NBS will be the age used to calculate the dollar amount of the reverse mortgage.

The NBS will not be allowed to draw further on any existing line of the credit in the HECM. The primary reason for extending the age to these younger spouses is to prevent homelessness caused by the death of the older spouse.

 

Talk to Jack Tenold, Reverse Mortgage Specialist, about how to stretch your retirement dollars If you have considered a Reverse Mortgage and your spouse is not yet 62, talk to a Reverse Mortgage Specialist and find out the details as they apply to your situation.   

 

To learn about Reverse Mortgages and senior safeguards click here.

 

Surviving spouses and reverse mortgages. 

 

Posted by
Jack Tenold NMLS 10261                                                       
      
You can reach me anytime at
     509-710-2227 no strings attached                             
 

Email:  Jack@JackTenold.com

Website: JackTenold.com

Refinance & Purchase  |   Reverse Mortgage Specialist 
Licensed to assist homeowners and home buyers in Washington
 
         Jack Tenold LLC Washington License No. MB-1819307  Office: 203 N Washington St Suite 200L Spokane, WA 99201      
 
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Dan Hopper
Dan Hopper - Gold Way RE - Westminster, CO
Colorado Broker / Referral Services

This is an interesting dilemma,  !  About 5 yrs ago, in my heavy short sale biz... I came across a situation very similar to this.  Problem was... the non-borrower was over 62 when the spouse did the reverse mortgage.  The borrowing spouse died, and the reverse mortgage lender started the foreclosure process.  Of course, the non-borrower was on Title... it never got off the ground for the attorney, since that non-borrower passed away a year later.  The lender kept postponing the foreclosure sale date, trying to figure out what to do... the RE attorney basically said, while he was still alive, he and the lender were tenants in common... so they both owned.  It did eventully go to sale... the extended family was told to NOT take it on.

Apr 04, 2016 01:18 AM
Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Prop. Mgr, Wenatchee, WA

Hi Jack,
This is great info.  When I was in my widow grief class, I heard some horrible stories of women who would end up losing their home due to improper planning.   It is so sad!  

Thanks for the post!!!

Apr 04, 2016 01:21 AM