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You have a reverse mortgage: Know your rights and responsibilities

This guide is for reverse mortgage borrowers.

It provides information on:

Alert
Most reverse mortgages today are Home Equity Conversion Mortgages (HECMs), which are federally insured by the U.S. Department of Housing and Urban Development’s (HUD) Federal Housing Administration (FHA). This guide covers typical features and requirements for HECM reverse mortgage loans. Non-HECM reverse mortgage loans may have different requirements and features.

 In the guide, the term “you” refers to you, the borrower, and any other co-borrowers on the reverse mortgage loan.

Your reverse mortgage basics

Unlike a traditional mortgage, a reverse mortgage loan is repaid when the borrowers no longer live in the home. Because interest and fees are added to the loan balance each month, the amount you owe goes up—not down—over time. As your loan balance increases, your home equity decreases.

Your reverse mortgage responsibilities

Although you do not make monthly mortgage payments with a reverse
mortgage, there are three main requirements you must meet:

1. Your home must be your principal (meaning primary) residence

2. You must pay your property charges, like property taxes and homeowners
insurance, on time

3.You must keep your home in good condition

Requirement 1: Your home must be your principal residence

Your home must be your principal residence, meaning it must be where you spend the majority of the year. You can only have one principal residence at a time. As Table 1 shows, with a reverse mortgage, you can only be away from your home for a certain period of time.

Length of time awayEffects on your reverse mortgage
You are away for more than two months,
but less than six months, and there is no co-borrower living in the home
- Notify your lender or servicer so that your lender
knows you continue to occupy the home as your
principal residence.
You are away for more than six months for non-medical reasons
and there is no coborrower living in the home
- Your home is no longer your principal residence and your loan must be paid back or satisfied through selling the property or deed-in-lieu of foreclosure.
- Anyone living with you will have to move out unless they are able to pay back the loan.
You are away for more than 12 consecutive months in a healthcare facility such as a hospital, rehabilitation center, nursing home, or assisted living facility and there is no co-borrower living in the home - Your home is no longer your principal residence and your loan must be paid back or satisfied through selling the property or deed-in-lieu of foreclosure.
- Anyone living with you will have to move out unless they are able to pay back the loan or qualify as an Eligible Non-Borrowing Spouse.
There is a co-borrower in the home and you permanently move for any reason- The co-borrower may continue to live in the home and receive loan payments, so long as they continue to fulfill the reverse mortgage loan requirements.

I was asked to certify that I occupy my home. What is this? What if I forgot to respond?

Your lender or servicer will require you to certify each year that your home is your principal residence. Usually this is done through a postcard or other notice sent by mail at the same time each year. If your spouse is designated as an “Eligible Non-Borrowing Spouse” in the loan documents, you will also
need to certify that you are still married and that your spouse lives in the home as their principal residence. To be an ‘Eligible Non-Borrowing Spouse’ means that your spouse is not a co-borrower, but qualifies under HUD’s rules to stay in the home after you move into a healthcare facility for more than 12 consecutive
months or pass away.  It is important that you sign and return your annual occupancy certification immediately.

Requirement 2: You must pay your property charges on time

Property charges are fees you must pay under the reverse mortgage loan, which can include:

– Property taxes and homeowners insurance
– Flood insurance premiums
– Ground rent, condominium fees, planned unit development fees, or homeowners’ association fees
– Any other special assessments

Paying your property charges

Caution
The money set aside to pay for your property taxes and homeowners insurance will not cover other charges like condominium fees, homeowners’ association fees, and ground rent. You are responsible for paying these other property charges.

PAYING PROPERTY CHARGES FOR LOANS AFTER APRIL 27, 2015

Lender's evaluationWho pays the property taxes & homeowners insurance
If your lender determined
that you had enough
money
to pay future
property taxes and
homeowners insurance
You can choose to:

- Pay your property charges directly, or

- Have your servicer pay your charges by using
money from your reverse mortgage funds.
If your lender determined
that you need to “set
aside” a portion of your
loan proceeds
as a
reserve to pay your
property taxes and
homeowners insurance
Your lender will choose to:

- Pay your property taxes and homeowners insurance
directly from the reserve, or

- Send you the money so that you can make
these payments.
Caution
Unpaid property charges could put your reverse mortgage loan in default. If you miss a payment or know that you will miss a payment, contact your lender or servicer immediately. They may pay your property charges by using money from your monthly loan payout or, if you have one, your line of credit. If there is not enough money to cover the missed charges, your lender or servicer may advance the funds and you will be required to pay them back.

Managing your property taxes

Here are some ways you can manage your property taxes.

– You may be eligible to lower your tax payments if your state offers a tax relief program for older homeowners. If your state has a senior property tax exemption, you may need to apply to receive the benefit. Many state programs require you to apply shortly after the tax bill is issued. To learn
more, contact your local tax collector.

– It is important to tell your lender or servicer if you are paying your property taxes in installments. You do not want them to mistakenly believe that you missed a payment.

– If your lender wrongly determines that your loan is in default for unpaid property taxes, contact your lender or servicer immediately. Be ready to show proof that you have paid your property taxes.

Failure to pay property taxes

If your loan falls into default due to unpaid property charges, immediately talk to your lender or servicer. You can ask for help from a HUD-approved housing counseling agency or an attorney.

After you default, you may be able to rehabilitate the loan through a repayment plan or an “at-risk extension.” To qualify for an at-risk extension, you must be at least 80 years old and experiencing critical circumstances, such as a long-term disability, terminal illness, or a unique need to stay in the property. You may request to renew the at-risk extension every year with proof of your need.

Requirement 3: You must keep your home in good condition

When you applied for your reverse mortgage loan, your lender evaluated whether your home met HUD‘s property requirements.

Now that you have the reverse mortgage loan, you must keep your home in good condition. Your lender or servicer may inspect your home’s condition if they give you notice and specify the purpose of the inspection. They also may tell you to make repairs. 

How long do I have to make required repairs?

You generally have 60 days to start repairs from the day your lender or servicer notifies you. Failure to do so could lead to default or foreclosure.

What if I cannot afford to make required repairs?

Reach out to your local Area Agency on Aging (AAA) to find assistance programs that may be able to help you pay for repairs. To find the nearest AAA, call (800) 677-1116 or visit eldercare.acl.gov.

Caution

If you need to hire a contractor to perform repairs on your house, you may want to:

- Explore and compare your options. Get estimates from several contractors on the costs of repairs.

- Ask people you trust for referrals.

- Check if a contractor is licensed through your state’s contractors’ licensing board.

- Have a lawyer review the contract of -work.

- Read and understand the contract before you sign it. Make sure written contracts match any verbal promises made.

- Beware of contractors going door-to-door. Do not feel pressured into making a decision right away.

If you cannot meet the loan requirements

Default or foreclosure notices

If you receive a default or foreclosure notice, immediately contact your servicer to learn why. Unless steps are taken to fix the default, you may lose your home to foreclosure. Seek help from an attorney or a HUD-approved default housing counseling agency. Both can explain what options you have to prevent foreclosure.

Natural disasters

After a natural disaster, you may experience damage to your home, unexpected expenses, or a sudden loss of income. All these things may make it difficult for you to meet your reverse mortgage loan obligations. To find help, read the guide, Your reverse mortgage after a natural disaster, at cfpb.gov/prepare.

Paying back your loan

Unless there is a co-borrower living in the home, you must typically repay the loan when you no longer live in the home. You may need to pay it back sooner if you fail to meet the requirements of the loan.

Selling your house

If you decide to sell your home while you have a reverse mortgage loan, you will have to pay back the money borrowed, plus interest and fees. As shown in Table 3, the amount you receive from the sale of your home will determine how the loan is paid back.

HOW YOUR REVERSE MORTGAGE IS PAID IF YOU SELL YOUR HOME

Your homeMoney from the sale
You sell your
home for at least
the loan balance
- The loan is fully paid back.

- You get to keep whatever money is left after paying
back the loan.
You sell your
home for at least
the appraised
market value
- The money from the sale pays off the outstanding
loan balance.

- Your mortgage insurance will pay any remaining balance
if the sale does not cover the amount
you owe.
Your reverse
mortgage loan is
in default and you
have received a
notice that the
loan is “due
and payable”
- You may sell your home for 95 percent of its appraised
value or the amount owed on the loan, whichever is less.

- The money from the sale will go towards paying the
outstanding loan balance.

- Your mortgage insurance will pay any remaining balance
if the sale does not cover the loan balance.

What happens to your loan after you pass away

Unless there is a co-borrower living in the home, when you pass away, the loan has to be paid back. As described below, when it must be paid back is complicated.

If you have a co-borrower on your loan

After a borrower passes away, any co-borrower on the loan may continue to receive the benefits of the reverse mortgage loan and may stay in the home as long as they continue to fulfill the loan obligations.

Tip
It is a good idea to check with your lender or servicer to make sure your loan records are correct. Confirm your co-borrower is listed on the loan.

If a non-borrowing spouse lives in your home

Your non-borrowing spouse may stay in the home if they pay off the loan. They may also be able to stay in the home without paying off the loan, depending on when the loan was originated (meaning when it was taken out) and whether they qualify as an Eligible Non-Borrowing Spouse under HUD’s rules. The process may be difficult. Your non-borrowing spouse may want to get help from an attorney or a HUD-approved housing counseling agency.

For reverse mortgages originated on or after August 4, 2014

Your lender or servicer will determine if your non-borrowing spouse qualifies to stay in the home after you, the borrower, move into a healthcare facility for more than 12 consecutive months or pass away (called a “deferral period”). To qualify as an Eligible Non-Borrowing Spouse, your spouse must:

For reverse mortgages originated before August 4, 2014

As explained in more detail below, after you, the borrower, move into a healthcare facility for more than more than 12 consecutive months or pass away, your lender or servicer can choose to either:

Foreclosure

If your lender or servicer decides to foreclose on your home or finds that your non-borrowing spouse does not qualify for MOE Assignment, they must begin foreclosure proceedings within six months of your death. If your non-borrowing spouse is actively trying to sell the property or satisfy the debt in some other way, they may request a delay of the foreclosure for up to 180 days.

Tip
If your non-borrowing spouse receives a foreclosure notice, they should take immediate action and not ignore it.

Mortgage Optional Election (MOE) Assignment

If your lender or servicer decides not to foreclose and instead enters the MOE Assignment process, to qualify as an Eligible Non-Borrowing Spouse, your spouse must:

Tip
Consider seeking legal advice if you believe your spouse should be on the loan. If your spouse is not on the loan, talk to a lawyer about transferring the property to your spouse when you pass away.

If you have heirs

If your heirs want to keep your home after you and your spouse pass away, they will have to repay either the full loan balance or 95 percent of the home’s appraised value – whichever is less.

Prepare any non-borrowing family members living in the home by deciding together what they will do after you pass away.

How to get help

If you’re having trouble with your reverse mortgage, here’s what you can do to get ahead:

Reverse Mortgage Glossary

DEFINED TERMDEFINITION
AppraisalA written document that shows an opinion of how
much a property is worth. It describes what makes the
property valuable and may show how it compares to
other properties in the neighborhood.
Co-borrowerA person, usually the borrower’s spouse or partner, who
also signs the reverse mortgage loan note and who is
equally responsible for fulfilling all the loan obligations
and who also receives the benefits from the loan.
Deed-in-lieu of foreclosureAn arrangement where the borrower voluntarily turns
over ownership of the home to the lender to avoid the
foreclosure process.
DefaultThe failure to meet the loan requirements included in
the reverse mortgage. For example, the requirements
of a Home Equity Conversion Mortgage (HECM) loan
include occupying the home as the principal residence,
keeping the home in good repair, and paying the
property charges on time. A borrower’s failure to fulfill
these obligations would cause the loan to fall into
default and may lead to foreclosure.
Eligible
Non-Borrowing
Spouse
A borrower’s spouse who is not a co-borrower, but
qualifies under HUD’s rules to stay in the home after the
borrower moves into a healthcare facility for more than
12 consecutive months or passes away
EquityThe amount the property is currently worth, minus
the amount owed on any existing mortgages on
the property.
Federal Housing
Administration
(FHA)
The federal agency that insures HECMs, the most
common type of reverse mortgage loan. FHA is
part of the U.S. Department of Housing and Urban
Development (HUD).
ForeclosureThe process where the lender takes back property
because the borrower no longer fulfills the obligations
of the reverse mortgage loan. Foreclosure processes
differ by state.
Home Equity
Conversion
Mortgage
(HECM)
The most common type of reverse mortgage today.
One way they differ from private reverse mortgages
(sometimes called “proprietary” reverse mortgages)
is that HECMs are federally insured by the Federal
Housing Administration (FHA).
Homeowners
Insurance
Pays for losses and damage to the property if
something unexpected happens, like a fire or burglary.
Standard homeowners insurance doesn’t cover damage
from earthquakes or floods, but it may be possible
to add this coverage. Homeowners insurance is also
sometimes referred to as "hazard insurance." Borrowers
with a HECM loan are required to maintain homeowners
insurance in addition to the mortgage insurance that is
also required with a reverse mortgage loan.
HUD-Approved
Housing
Counseling
Agency
An organization with housing counselors who are
approved by HUD. Borrowers taking out a HECM
reverse mortgage loan must receive counseling from a
HUD-approved reverse mortgage counseling agency
before receiving the loan.
LenderThe financial institution that loaned money to
the borrower.
Loss MitigationThe steps mortgage servicers take to work with a
borrower to avoid foreclosure. Loss mitigation refers
to a servicer’s responsibility to reduce or “mitigate” the
loss to the investor that can come from a foreclosure.
Certain loss mitigation options may help a borrower
stay in their home. Other options may help a borrower
leave their home without going through foreclosure.
Loss mitigation options for reverse mortgage
borrowers may include a deed-in-lieu of foreclosure or
a repayment plan.
Maximum Claim
Amount
The lesser of the appraised value of the home, the sale
price of the home being purchased, or the maximum
limit HUD will insure. The maximum claim amount is
one factor used to calculate how much a homeowner
can borrow with a reverse mortgage loan.
Mortgage
Insurance Premium
An initial and annual amount charged by the lender
and paid to the Federal Housing Administration (FHA).
Mortgage insurance is required in addition to the
homeowners insurance the borrower must maintain.
Non-Borrowing
Spouse
A borrower’s spouse who is not a co-borrower on the
reverse mortgage loan.
Origination FeesA one-time upfront fee that the lender charges
the borrower for making the loan. These fees are
limited by the maximum claim amount and may not
exceed $6,000.
Principal LimitThe amount of money the borrower can borrow with a
reverse mortgage loan. The principal limit for a HECM
is calculated using the age of the youngest borrower or
Eligible Non-Borrowing Spouse, the interest rate on the
loan, and the maximum claim amount. The principal limit
generally will increase each month, possibly making
additional funds available over time for borrowers with
adjustable rate HECMs, but not fixed-rate HECMs. In
general, loans with older borrowers, higher-priced
homes, and lower interest rates will have higher
principal limits than loans with younger borrowers,
lower-priced homes, and higher interest rates.
Principal
Residence
The property where the borrower, and if applicable,
the non-borrowing spouse, maintain their permanent
home and where they typically spend the majority of
the year. A borrower may only have one principal
residence at a time.
Proprietary
Reverse
Mortgage
Reverse mortgage loans that are not insured by the
federal government and are typically designed for
borrowers with higher home values than those insured
by HUD.

About the Consumer Financial Protection Bureau (CFPB)

The Consumer Financial Protection Bureau (CFPB) is a 21st century agency that helps consumer finance markets work by making rules more effective, by consistently and fairly enforcing those rules,
and by empowering consumers to take more control over their economic lives.

The CFPB Office for Older Americans develops initiatives, tools, and resources to help protect older consumers from financial harm and help older consumers make sound financial decisions as they age.

For more information about the CFPB, visit consumerfinance.gov.

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