Actors Henry Winkler, Tom Selleck and Fred Thompson have all appeared on my television or computer screen at some point touting the benefits of a “government insured”, safe, reverse mortgage. They want you to, “Get the money you deserve to live the good life” by tapping the equity you have in your home. .
I’ve seen the aftermath of that sales pitch play out for numerous clients, and it’s not “the good life” they promised that I’m watching unfold. In fact, all too often, the foreclosure sale on the home looms just weeks down the road.
The borrower, often a retiree who took out the reverse mortgage and drew down on the loan in an effort to remain independent or take that trip of a lifetime, passes away and leaves the house to a loved one or to their estate. You often find that a house may have thousands of dollars in equity over and above the reverse mortgage amount, but once the house is gone, its equity gone too. Often times, when the borrower has passed away, the lender won’t take payments from anyone else. The loan is considered due and payable only in full, says the lien holder, and that’s that.
There are times where you can refinance the house, or if you have tons of cash, you can pay off the loan, but… if you don’t, the house, and all that equity, may go, not to the relative chosen by the deceased, but to the “friendly”, reverse mortgage lender.
You MIGHT can use bankruptcy
A bankruptcy filing may solve this particular problem but not in all situations.
Bankruptcy is an option only if the heir to the house is an individual. Individuals can file bankruptcy. If the home is left to a trust or estate, you’re toast. Trusts and estates cannot file bankruptcy.
If you get a reverse mortgage on a house, you should always leave it to an individual. If that individual files bankruptcy, the automatic stay that comes with a bankruptcy filing, would be available to the individual whereas it would not be available to the estate.
Your House as a piggy bank
The risks associated with reverse mortgages are becoming more apparent to more people and have been summarized in this Consumer Financial Protection Bureau report to Congress. Despite the economic crisis of the late 2000s and early 2010s, reverse mortgages are making a comeback.
Another problem with reverse mortgages is that surviving spouses who are not on the loan may have no right to stay in the home on the borrower’s death. These loans are complex and may encourage premature tapping of home equity for non essential things. In the grand scheme, the pressure to tap home equity to support retirement becoming more and more irresistible. This is a direct result of people regarding their home as a piggy bank or your as a retirement nest egg. You should NEVER view your home this way. You should instead take steps to build a retirement nest egg outside of your home’s equity. Homes are a long term investment, not a source of funding for your next vacation. If you have to use your home equity as a source of retirement funding, there are other ways to tap this equity than reverse mortgages. Reverse Mortgages are almost ALWAYS a bad idea and I warn my clients against them 99% of the time.
If you find yourself in a bad financial situation, call the attorneys at Harmon and Gorove to set up a free no obligation consultation to see what your options are. You may be surprised to learn how Bankruptcy can help you secure your financial future.