Posts Tagged: ‘reverse mortgages’

New HUD Budget Wording Threatens Reverse Mortgage Protections

August 15, 2017 Posted by kingcade

A slight change to the wording in a proposed HUD budget request could lessen the protections of reverse mortgages and increase the risk of foreclosure for some elderly homeowners.  The wording change affects 2-year-old provisions in federal housing rules that award certain rights and protections to the spouse of a borrower who takes out a reverse mortgage and later dies.

This wording change could increase the chances that the surviving spouse who did not sign the documents could lose their home in foreclosure.

Senators Marco Rubio (R.-Fla.) and Catherine Cortez Masto (D.-Nev.) sent a joint letter to Ben Carson, the secretary of the Department of Housing and Urban Development, and Mick Mulvaney, director of the Office of Management and the Budget, seeking clarity on the proposed wording in the budget request and asking whether the agency was seeking to reverse the earlier policy change.

The fact that there has been no response from HUD raises concern.  Before this change in policy two years ago, a surviving spouse who had not signed the mortgage document often had to pay what was left on the loan in full or was at risk of being evicted, due to the home going into foreclosure.

In the letter to the Department of Housing and Urban Development, the senators referred to the old policy as a “loophole” that had “compounded the stress faced by widows and widowers at a time when they were already grieving the loss of their spouse.”

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Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

 

 

Seniors Filing More Reverse Mortgage Complaints with CFPB

June 7, 2017 Posted by kingcade

Consumers 62 years of age and older face a unique set of financial difficulties- one of their main concerns is servicing issues with reverse mortgages, according to the Monthly Complaint Report released by the Consumer Financial Protection Bureau (CFPB).

“Servicing problems with reverse mortgages,” topped the list of complaints among consumers at least 62 years of age, according to the report.  These problems oftentimes lead to unexpected foreclosure.

The most-cited concerns were “difficulty with changing the loan terms” and “problems communicating with loan servicers.” In addition to mortgage complaints, seniors also reporter difficulty recovering funds after being financially scammed, fees charged for unauthorized add-on products and services, and confusion surrounding deferred-interest and zero-interest credit cards.

CFPB complaints from older consumers were most common in Florida, California, Texas. The three states accounted for nearly 25 percent of all complaints since 2011.

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Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

 

New Reverse Mortgage Updates Benefit Borrowers and Lenders, according to HUD

May 13, 2016 Posted by kingcade

According to a new report issued by the Department of Housing and Urban Development (HUD), the latest reverse mortgage updates on the rules and laws have benefited both borrowers and lenders.  New changes to the Home Equity Conversion Mortgage program are intended to: assure that foreclosures and defaults are limited; they are also designed to prevent lender abuse; they help assure that borrowers can actually afford to upkeep the home (i.e. – home insurance and property taxes on these loans that are not secured on the basis of income or credit).

The changes mandate that borrowers demonstrate they have the financial ability to maintain the home and pay the property taxes and home insurance.  If the borrower is not able to provide proof of this, lenders are not allowed to approve the loans.

The draw from the loans by borrowers has decreased since the new rules took effect. This lesser draw means a decrease in risk to both lenders and borrowers, and assures (that in most cases) there is something to be passed on to heirs from the estate in the future.

Reverse mortgages are a special type of home loan that is offered to homeowners age 62 and older. They require that you have substantial equity in your home and that you are able to pay annual property taxes, home insurance and general upkeep. There are no income or credit requirements outside of these rules. Other requirements include that the home remains your primary residence and that you seek third-party credit counseling before you take out the loan.

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Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Reverse Mortgage will likely be modified

May 12, 2016 Posted by kingcade

A reverse mortgage payable upon the pre-petition death of the borrower has been modifiable under section 1322(c). Section 1322(c) provides an exception to the anti-modification provision of section 1322(b) in the case of a debt secured by the debtor’s residence when the final payment comes due during the life of the chapter 13 plan.

In re Michaud, No. 14-23406 (Bankr. S.D. Fla. March 29, 2016), Julie Lisana Michaud sought to strip down the reverse mortgagee’s (James B. Nutter & Company) interest in her principal residence to its value at the time of her chapter 13 petition.

The reverse mortgage agreement was entered into by Ms. Michaud’s husband who died prior to her bankruptcy filing. By the terms of the reverse mortgage, the debt became due and was owed upon the death of Mr. Michaud. The agreement further stated that the full debt “if not paid earlier, would be due and payable on May 29, 2095.”

The issue at hand is whether the final payment became due when Mr. Michaud died, as argued by Ms. Michaud, or on May 29, 2095, as argued by Nutter.  In the end, the court rejected Nutter’s due date based on “common sense,” finding the 2095 due date to be meaningless as the mortgagor would certainly pass away before that date.

The court also went by the terms of the lending agreement and federal regulations. By the terms of the agreement, the death of the mortgagor accelerates the due date without regard to the date listed in the agreement. Finally, federal regulations, provide that reverse mortgages become “due and payable” when “(i) The consumer dies; (ii) The dwelling is transferred; (iii) the consumer ceases to occupy the dwelling as a principal dwelling.” 12 C.F.R. §226.33.

Nutter countered with a “slippery slope” argument that debtors could use the ruling to their advantage when the debtor has caused the acceleration by his or her own default such as by failure to maintain insurance on the property, which the court rejected.

The court granted Ms. Michaud’s motion to value for a secured claim in the amount of $45,500 plus interest, and an unsecured claim of $67,096.75.

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Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

 

Updates to the Reverse Mortgage Program Provide Positive Benefits for Seniors

January 11, 2016 Posted by kingcade

Recent updates to reverse mortgage laws provide a more secure retirement for Americans looking to borrow against their home after leaving the workforce.

Many retirees have turned to reverse mortgages in recent years to alleviate financial stress. Reverse mortgages allow retirees, 62 and older, to borrow against the existing equity in their home and not have to repay the principal balance or accrued interest until after they pass away.  At which point, their home is sold and used to pay off the remaining balance, interest and any additional fees owed to the lender.

The Reverse Mortgage Stabilization Act of 2013 helped retirees who were approved for a reverse mortgage avoid predatory lending. However, many applicants were approved for a reverse mortgage without the lender ensuring the retirees could afford to stay in their homes. Ultimately, many were unable to pay their property taxes, home insurance and other annual maintenance fees, which forced them into foreclosure.

The program’s recent updates will ensure that anyone who is approved for a reverse mortgage is able to pay the bills associated with the property. Although credit scores and income are still non-factors in the approval process, steps will be taken to ensure the insurance, taxes and other fees are paid. Another update to the law allows the non-borrowing spouse to stay in the home if the spouse who borrowed the loan passes away, first.

Experts say the new rules to the Reverse Mortgage Stabilization Act of 2013 will not only allow retirees to stay in their homes longer, but will allow for a more secure retirement.

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Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com