Houston Chronicle

Reverse mortgage rates announced for younger spouses

- By Tom Kelly SENIOR LI VING CORRE SP ONDENT

“Trailing spouses” younger than 62 will be able to stay in homes that have a reverse mortgage originated after Aug. 4, 2014, — even though they were not included in the original reverse mortgage contract.

Equity amounts available

In a letter to all reverse mortgage lenders from Carol Galante, Federal Housing Commission­er, announced the new amounts of equity available to persons who take out a reverse mortgage with a spouse under the age of 62. The sliding scale of principal limit factors is reduced given the age of the younger spouse.

For example, a person signing a reverse mortgage with a 55-year-old non-borrowing spouse would be eligible for 48.4 percent of the value of a property. If the nonborrowe­r were age 62, the PLF increases to 52.4 percent of property’s value.

“This letter begins the full protection to a nonborrowe­r spouse younger than 62 if the reverse mortgage was in play after Aug. 4,” said Brian Cook, mortgage advisor and reverse mortgage specialist at Alpine Mortgage Planning. “New guidelines state they are not required to sell the home to satisfy the mortgage if the primary borrower passes away or moves out permanentl­y.”

Surviving spouses

Most of surviving spouses who remain in the home after one spouse dies were part of the reverse mortgage agreement when it was first signed. However, many were left out of the document, usually because they were too young to qualify or because including them would have meant a reduced amount. Now, more of these trailing spouses who were never vested in the reverse mortgage want to stay in the home without paying off the underlying reverse mort-

A person signing a reverse mortgage with a 55-year-old non-borrowing spouse would be eligible for 48.4 percent of the value of a property. If the non-borrower were age 62, the PLF increases to 52.4 percent of property’s value.

gage. The new guidelines solidify that.

AARP, the group formerly known as the American Associatio­n of Retired Persons, provided the trailing spouse spark by filing lawsuits against HUD. The AARP cases (Bennett et al v. Donovan; Plunkett et al v. Donovan) are against U.S. Department of Housing and Urban Developmen­t regarding its policies for the Home Equity Conversion Mortgage (HECM), the country’s most popular reverse mortgage program.

In a capsule, the unresolved cases involved a surviving spouse who wanted to stay in her house after her husband died. Both women had not been listed on the loan. The judge ruled in favor of the lender because under the loan contract, the loan became due if the property was not the principal residence of one surviving borrower.

“Now, the non-borrowing spouse can enter in what’s called ‘unlimited deferment period’ where they can continue to live in the home,” Cook said. “The non-borrowing spouse will be required to be put onto title, or remain on title, 90 days after the reverse mortgage becomes due. They also must keep up property taxes and insurance and be married at the time the borrowing spouse left the home on a permanent basis or passes away.”

A reverse mortgage historical­ly has enabled senior homeowners to convert part of the equity in their homes into taxfree funds without having to sell the home, give up title, or take on a new monthly mortgage payment. Reverse mortgages are available to individual­s 62 or older who own their home. The maximum amount of funds received is based on age, current interest rates and a current home appraisal. Funds obtained from the reverse mortgage are considered tax-free.

Reverse mortgage funds

Reverse mortgage funds can be distribute­d in a lump sum, regular monthly payments, line of credit or in a combinatio­n of those options. When the house is sold, or the last remaining borrower dies or moves out of the home, the loan amount plus the accrued interest is repaid. The borrower can’t owe more than the value of the home.

The ramificati­ons of the lawsuits could hinder the reverse mortgage industry more. One attorney is playing the age discrimina­tion card, arguing if under-62 trailing spouses can stay in the home, why not grant reverse mortgages to single people under 62.

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