I am going to express an opinion here that you may not like and may not be popular with a lot of folks, but it is one that I feel is warranted. First of all, the reverse mortgage loan is a non-recourse loan and under a scenario where the borrower lives in the home and then has to leave the home but the property will not sell for enough to pay off the mortgage, the borrower or their estate can never be made to pay anything more. The lender can only look to the property for repayment of the obligation.
However, I have never been involved when there was any sort of misrepresentation involved and I don’t know what that might do to the process. I say that not because I know there is in this case, but your comments about the granddaughter make it sound like she has been there for some time after the senior borrower had left the premises.
If that is the case, she would have had to be signing and returning the occupancy certifications to the lender stating that the owner was still living in the home even though she was not. That would have allowed her to live in the home without making any payments under false pretenses. Under that scenario, I don’t know if the reverse mortgage lender and HUD could seek other remedy under those circumstances.
I don’t know how long ago you moved mom out of the property or how long it took the granddaughter to “wreck the house” as you stated. Typically that does not happen overnight. Borrowers and family members who allow this to happen are possibly hurting the senior borrower themselves, others who seek the benefits of the program and their true heirs (such as yourself).
As you stated, the home is trashed and I hear this over and over, that family or friends who were allowed to stay in the property after the senior left (most of the time without payment to the senior homeowner) against HUD rules because they continued to live in the home after the senior had vacated the property and they did not care for the home causing extreme drops in value.
Borrowers and heirs lose money that would have been rightfully theirs. HUD loses money on the transaction causing losses to the MIP fund and the latest repercussion we saw when the MIP fund is threatened was the extreme pull back in the program last October. Borrowers who really need the program get far less money now due to the losses the program has suffered.
The senior homeowner who allowed the family members to stay rent-free now have no equity where there might have been some and they also are no longer eligible for any HUD programs due to the unpaid loss of money on their reverse mortgage while heirs like yourself are left trying to actually help the senior.
In the whole deal the only person who made out well was the granddaughter who got to live in a house without having to pay for it and because she had no responsibility, trashed it before she moved out. Am I saying this is the only reason that the program parameters were cut back? Absolutely not. But this is happening far too often and it hurts those seniors who really need the program.
I hope that the borrower’s granddaughter did not commit fraud to stay in the home well beyond the time that the lender should have been notified of the borrower’s leaving for everyone’s sake.
I also hope that reverse mortgage borrowers understand that the program is there only as long as it remains viable and that they take their duty to inform the lender once they have moved out seriously, if not to protect their own equity, to keep the program available for those who come after and need it as much as they did.
Reverse Mortgage Occupancy Requirements Explained