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Michael G. Branson Michael G. Branson, CEO of All Reverse Mortgage, Inc., and moderator of ARLO™, has 45 years of experience in mortgage banking, with the past 20 years devoted exclusively to reverse mortgages. A Forbes Real Estate Council member, he developed the industry's first fixed-rate jumbo reverse mortgage and has been featured in Forbes, Kiplinger, the LA Times, and Yahoo Finance. (License: NMLS# 14040)
Cliff Auerswald Cliff Auerswald, President of All Reverse Mortgage, Inc., and co-creator of ARLO™ — the industry's first real-time reverse mortgage pricing engine — has 27 years of experience in mortgage banking, with 20+ years focused exclusively on reverse mortgages. A recognized expert in reverse mortgage technology and consumer education, he has been featured in Kiplinger, Yahoo Finance, Realtor.com, and HousingWire. (License: NMLS# 14041)

Reverse Mortgage Property Eligibility: Acreage & Zoning

Michael G. Branson, CEO of All Reverse Mortgage
CEO · 45 yrs in mortgage banking
Cliff Auerswald, President of All Reverse Mortgage
President · All Reverse Mortgage Inc.
3 min read Fact Checked HUD-Lender #26031-0007 18 comments

I will be 62, and my wife is 58. We are both retired at present. We own acreage (deed) under an LP where we are both partners and intend to build a home on it.  We can pay outright for the home and own 100% equity in the house and acreage. My thought is to take a reverse mortgage to fund the next 5-10 years of living expenses while delaying IRA withdrawal and letting it grow and also delay SS until full benefit or wait until 70 to collect.  If the LP acreage that the house will be on is considered together to utilize LP acreage equity, is this a sensible use of the reverse mortgage? – Eric


Reverse Mortgage Property Eligibility: Acreage & Zoning

You have raised several issues that are not simple to resolve in this format.  I have to start by telling you that I am not a financial planner and that I cannot give you financial advice.  I can answer your questions about the reverse mortgage program. Still, to determine whether or not the reverse mortgage is a “sensible use” of the acreage in your circumstance, I would direct you to a financial expert in your area or one who knows your finances and goals.

With regard to the loan itself, you must transfer the property into your name as an individual (your wife, being under 62, would have to come off of the title and would be a non-borrowing spouse) if you wish to do the loan.

The loan must encumber just one parcel; it cannot cross-collateralize multiple parcels of land.  Therefore, if the acreage that you reference is part of the same legal parcel on which the improved home is situated, then yes, that value will be considered – but the appraiser will have to be able to find other sales of similar properties when doing the appraisal.

You don’t indicate the amount of the acreage, but for argument’s sake, let’s call it 5 acres of land with a pad suitable for building.  If the 5 acres is a separate legal parcel, it would not be considered in the value and would not be encumbered by the loan.  If the 5 acres were all part of the same legal description, it would also be encumbered with the reverse mortgage, but the appraiser would have to be able to find similar sales with 5-acre parcels to determine the value of the lot.

Larger parcels of land begin to get a bit touchy.  If the land is zoned agricultural or commercial or deemed that the value is all in the land and not as a residential property, then it may not even qualify for HUD insurance and, therefore, would not be eligible for the reverse mortgage program.

Some borrowers do a lot adjustment before they ever start their reverse mortgage to keep the actual parcel for the home down to the same size as other homes in the area so that they will not lose the value of the excess land that the appraiser could not use.

Before doing anything like that, you would want to verify local sales and zoning ordinances to ensure that you were not incurring unnecessary expenses that did not improve your position. I know this may not give you the answers you seek, but I would rather give you an idea of the things you need to research than give you a short and quick answer that leads you to the wrong conclusions.



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18 Comments on this Article
  1.   Sheila M.
    July 25th, 2023
    The county is acquiring a piece of our frontage through eminent domain. Am I required to pay what we are compensated by the county to Compu Link reverse mortgage? The difference between what we borrowed and what we now owe is greater than the compensation we will receive. If Compu Link takes all or part of this money we will be unable to pay capital gain or income tax, or replace the privacy fence that will separate our front yard from the 5 lane highway, plus 10 foot sidewalk this acquisition is intended for. Our sole income is social security, which is why we needed a reverse mortgage in the first place. I have a letter from FHA-HUD.gov stating the money is ours to keep.
    Reply to Sheila
    • Michael Branson Michael Branson
      July 25th, 2023
      Hello Sheila,
      Compulink is a contract servicer for lenders and also for HUD. If they are servicing your loan on behalf of HUD, you should have no problems with them honoring HUD's commitments to you. If someone at Compulink is giving you a different answer, I would suggest going to a higher source and sending them a copy of your HUD letter for reference.
      Reply to Michael
  2.   Kimberly
    May 23rd, 2023
    Hi Arlo,
    My property is zoned commercial. However, I have lived in the house on the property since 2016 as my primary residence. The township & county has the property listed as my primary residence. I do not conduct business from this property; it is my primary home. Am I eligible for a reverse mortgage, given the facts?
    Reply to Kimberly
    • Michael Branson Michael Branson
      May 23rd, 2023
      Commercial zoning in and of itself is not grounds for denial, but there would be requirements that the property would need to meet. It is good that you conduct no business activities from home.
      Still, the appraiser must also confirm that the highest and best use of the property is as a single-family residence (not commercial) and that any commercial influence in the area does not pose a marketability issue or impact on the home.
      Certain other commercial properties, if present, could render the home ineligible for the program (such as a gas station within 500 feet of the subject property). Your home must be compliant with the current zoning, which means that since it is zoned commercial should something happen to the home, single-family residential properties can be reconstructed now in the commercially zoned area.
      Finally, the appraiser will need to briefly comment that the home is a legally non-conforming property that does conform to the market area and that the non-conforming use has no adverse effect on the value or marketability of the home.
      Reply to Michael
  3.   David
    December 20th, 2022
    Hello Arlo,
    My parents took out a reverse mortgage on in 2001 the property is 50x200. The land can be split into 2 traditional 50x100 lots, the home they live in is squarely on one half. Can we sell the other half if desired or does this trigger the loan being due immediately?
    Reply to David
    • Michael Branson Michael Branson
      December 20th, 2022
      Hello David,
      Just like any other loan, the loan covers the entire parcel and not just a portion of the land. You would be asking the lender and HUD to release a portion of the value used to grant the loan as that land was included in the appraised value. I do not believe there would be any reason they would be willing to do so.
      You could not sell a portion of the land now as it is encumbered by the loan and as such, could not be conveyed as a separate transaction. HUD does not allow reverse mortgages on property consisting of more than one parcel which means that their property would probably need to undergo a property split to form two separate parcels before you could sell any portion of the land as a separate property even if there were no loans on the property.
      Since you would need any lienholders consent for such a lot split and they aren't likely to give it, it's not really a matter of would they call the loan due and payable because it would probably never get that far. But you can always contact the lender to ask because if they say no, you are no worse off for the asking. A sale of the home without the lender's permission is reason for a call of the loan but I honestly believe that would not be able to take place anyway.
      Reply to Michael
  4.   Linda
    May 23rd, 2022
    Hello Arlo,
    We have a reverse mortgage on our house and it is our full-time residency. My husband suffered a stroke and we have modified with ramps and everything he needs in order to stay here until we can no longer. We are 74 and 78 and he is paralyzed now and I'm a full-time caregiver.
    It is an older home built in 1900 which we purchased in 1995 and completely updated and remodeled so very livable. My question is there is a small guest house on the property which we updated in 2000 that would make a great place to rent to a college student. We have 2 major universities within 8 miles of us and they would be staying 10 months out of the year. Is this acceptable?
    I could rent rooms inside the main house but with husbands' immune system would rather not expose him since he has lots of problems as it is but we both had to leave our jobs when this happened 4 years ago and we really need to supplement our income since this illness just about put us under financially. I had been contacted by a traveling nurse that would be here 3-6 months as well as the student at 10 months but wanted to check things out before I pursue any further.
    Reply to Linda
    • Michael Branson Michael Branson
      May 23rd, 2022
      Hello Linda,
      If the local zoning doesn't have a problem with you renting out your guest house, your reverse mortgage doesn't either.
      As long as you are using your home for lawful purposes and are living in the main unit, you are living in accordance with the terms of the loan and are fine.
      Reply to Michael
  5.   Galen R.
    August 19th, 2020
    Hello ARLO,
    I own a mixed-use property, predominantly (70%) residential. It is in a commercial retail zone but enjoys a legal nonconforming designation as it was built prior to the current zoning.
    Was whisker-close to closing the loan, but in final review by underwriters there was concern that should the residential portion ever be largely (75% of its value or more) destroyed, my county requires a permit (an approved Minor Use Permit) to rebuild.
    Consequently, my application was denied. Is that a deal breaker, plain and simple -- or might there be other aspects to pursue with future prospective lenders? County planning seems receptive to working with lenders on this matter.
    Reply to Galen
    • Michael Branson Michael Branson
      August 19th, 2020
      Good Morning,
      Unless the property can automatically be rebuilt as is (single family residential), it would not meet HUD's requirement for the program.
      If it required a permit that could be withheld, it does not meet the requirement to be included in the HUD program.
      Also, HUD requires properties to be in a residential zoning. They do not accept properties in commercial, industrial, or agricultural zoning.
      Reply to Michael
  6.   Jerry J.
    October 23rd, 2019
    After getting a reverse mortgage loan we found out years later that the loan company got the land lines wrong. I called the original loan company and they had sold out. When we signed the loan property description we ask if the property lines were right. I had discussed the land lines with the original loan officer. What should I do to get this corrected?
    Reply to Jerry
    • Michael Branson Michael Branson
      October 23rd, 2019
      The lender bases their legal description by what the title company gives them in the title report. Sometimes the legal description is very set and is recorded in the country recorder's office and at times, those lines are blurred somewhat over the years requiring the lender or title company to call for a survey to be completed.
      I am not sure why the issue is now rising unless you own multiple lots and the lien is now covering more than one of the lots you own. But I would start by contacting the title company that insured the title on the property to ask how they determined the boundary lines.
      If you can verify that there really is an error, then you would have to contact the current lienholder (you have their information or that of their servicer on your monthly statement), send them the information you have uncovered and request that they re-record any necessary documents to correct the error.
      It is not unheard of that a Deed or Mortgage be re-recorded to correct a legal description, but they will have to agree that the one they have is incorrect first.
      Reply to Michael
  7.   Mike D.
    July 23rd, 2019
    We have a home on 130 acres and pay a note with the values combined. Can this be converted to a reverse mortgage?
    Reply to Mike
    • Michael Branson Michael Branson
      July 23rd, 2019
      Hi Mike,
      Not sure I understand what you mean with the "values combined". Are there two parcels? One with the home and one with the acreage? Because you have two issues. Firstly, HUD does not insure loans on agricultural or rural properties.
      I think even if the house and land are all one parcel, you would have an issue with the property being so remote and possibly with comparable sales. HUD likes to keep the land down to about 5 acres or less but will sometimes exceed that in areas with the use is typical for all large single-family lots and if there are plenty of close, recent sales to support an estimate of value.
      If there are two parcels, you absolutely would not be able to put the loan against both parcels. If the current loan collateralizes both parcels, that usually makes it very difficult to separate them to allow for the reverse mortgage on just the property with the home, but it has been done.
      Especially if there are many homes in the area with 5 acres or less and the bulk of the land can be kept as a separate parcel. I would encourage you to verify the possibility and any tax ramifications before you do any work, incur any costs to split the lot or begin a process that could create taxable issues or damage the value of the property.
      Sometimes just because you can do something doesn't mean you should or that it is financial advisable, and you would want to research long and hard from all angles before taking any actions. I cannot advise you in these areas and have seen people jump into things only to find out later that there were other ramifications that they did not consider.
      Reply to Michael
  8.   Elaine easom
    June 19th, 2017
    Can acreage and beauty shop which is zoned for commercial and residential be used for reverse mortgage or does it have to be your home?
    Reply to Elaine
    • Michael Branson Michael Branson
      June 19th, 2017
      Hello Elaine,
      I am sorry, but the property has to be zoned residential and must be your residence. Commercial property and other zonings other than residential are not acceptable.
      Reply to Michael
  9.   GEORGE BEERMUENDER
    October 10th, 2016
    My property is not residentially zoned property although it has multiple legal residents on it, What are the zoning requirements by law . Right now it is industrial I2 zoned but are BI or B2 eligible? So I may may a Zoning change on my property?
    Reply to GEORGE
    • Michael Branson Michael Branson
      October 10th, 2016
      Hi George,
       
      I'm not an expert on zoning changes and especially in all areas of the country.  What I am used to seeing is a zoning commission or body within the town or City that votes to determine if a change will take place in the zoning of a particular parcel or area.  I am not positive what goes into that consideration and decision in all areas.  With regard to reverse mortgages, HUD requires that the property be located in a zoning for residential use, that it is surrounded by similar residential properties and that the property is at its highest and best use.  In other words, HUD does not want to insure a loan secured by a single family residence in industrial zoning with mixed uses and its highest and best use would be some industrial use rather than as the residential home it is now as it may be, or may someday be, altered from its current use to industrial use or surrounded by all industrial properties.  I am not familiar with the B1 and B2 designation so I would have to see what the definition of the zoning is, but it would also depend on the surrounding properties and your homes highest and best use if the B1 and B2 zoning allows for both residential and commercial/light industrial use.
      Reply to Michael

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