Reverse Mortgage & Going to Nursing Home? Read First!

July 25, 2022

My mother has a reverse mortgage and recently had to go into a nursing home as she is terminally ill. Her reverse mortgage has been sold a few times (that is normal). According to the agreement, we had to notify “said reverse mortgage company” that she was no longer living in the property. We were told by phone (we failed to document who, what, and where) that we had six months to sell the property and possible extensions of up to a year. Two weeks later, we received a notice that the foreclosure process had started and that if we did not acknowledge the letter they sent within 30 days that the debt was valid. The loan must be paid off within 30 days to stop the foreclosure. We have a realtor set up to sell the property once the estate sale is complete, the property will not be sold anywhere close to 30 days, but we do expect it to be sold before the six-month mark. What steps do you recommend we take considering this situation?

Firstly, I tell borrowers to use the time allotted in the legal documents to their advantage. The agreement states that absences longer than 12 months constitute a permanent move, so I advise borrowers and their families to begin planning to sell the home as soon as they know that a reverse mortgage borrower will not be returning.

The notice outlined in the Deed of Trust that you mention refers to property that ceases to be a borrower’s primary residence by reasons other than death. The other absence it refers to is the borrower (s) moving to another home, renting the subject property, etc. Families know the move is permanent long before the 12 months allotted to the borrower to be absent from the home in the legal documents. This alone gives most families many extra months as most time.

The Terms then go on to further outline the absence the borrower is allowed up to 12 consecutive months before the lender can call the loan immediately due as it is deemed that absences longer than 12 months are permanent and are no longer temporary, which are allowed.

I have heard others say that they were told they had 6 months with a 6-month extension as well, and I cringe when I hear this statement because it depends on whether the absence is due to death or what. I urge all borrowers and their families to read the legal documents as they dictate the terms of the loan, and they should know what their plans will be should this arise.

Your lender can require immediate payment of all sums due, which is specifically spelled out in the Deed of Trust:

The lender may require immediate payment in full of all outstanding principal and accrued interest upon approval by the Commissioner if:

(i) The Property ceases to be the Principal Residence of a Borrower for reasons other than death, and the property is not the Principal Residence of at least one other Borrower; or (ii) For a period of longer than twelve (12) consecutive months, a Borrower fails to occupy the property because of physical or mental illness, and the property is not the Principal Residence of at least one other borrower; or (iii) An obligation of the borrower under the Security Instrument is not performed. Payable status is not permitted when a Lender requires immediate payment in full under Paragraph 6.

Download our sample reverse mortgage loan agreement.

Seek Legal Counsel

I am not an attorney and cannot advise you legally, but I suggest contacting legal counsel. If your mom has not been out of the home for 12 months, she has not violated the terms of the agreement as of this time, and only your notification that it is no longer her primary residence has allowed them to start anything.

Can she move back now if it has been less than 12 months? If so, action would likely stop the process as she would follow all agreement terms, and you could demonstrate that your first notification was in error.

If later she was forced to move back to a nursing home, remember the terms (ii) above, and while you are determining whether or not the departure is temporary or permanent, you may want to take whatever steps are necessary so that if the departure looks like it will become permanent, you are ready for that eventuality.

In this manner, you can certainly take steps to contact a realtor and place the home on the market while mom is still in her 12-month temporary absence period before you must contact the lender to notify them that she will not be returning if that becomes necessary (and if the home has not sold before then).

Occupancy FAQs

Can a reverse mortgage be used for nursing home expenses?

Yes and No. If the borrower (s) already reside in a nursing home, a reverse mortgage is not an option, as the property must be the primary residence. Subsequently, if you obtain a reverse mortgage and then move out of the property to a nursing home, the reverse mortgage would need to be paid off by either refinancing or selling the property because the loan would be called due and payable at that time that the home was no longer the primary residence. However, If there is at least one original borrower still living in the home, a reverse mortgage may be used to assist in the funding of nursing home expenses, as there are no restrictions on what you use the proceeds for as long as the loan is in good standing.

Can you lose your home if you leave to a nursing home?

Possibly yes. When you have a reverse mortgage, one of the requirements is that the property must be your primary residence. If you vacate the property to a nursing home, that would be a maturity event, and the loan would be called due and payable. However, if someone has a reverse mortgage and a relocation to a nursing home is going to be required, there are steps you can take to address the reverse mortgage before moving out of the home. You can refinance the loan to a traditional loan, pay it off with other available funds or sell the property.

How long can you leave your home if you have a reverse mortgage?

You must live in the home for more than half the year for the home to be considered your primary residence. Vacations are fine if you meet this requirement. Still, if you leave your home for medical reasons, you may leave up to 12 months before the absence is considered permanent under the loan terms and the loan becomes due.

Can the reverse mortgage lender find out I went to a nursing home?

Reverse mortgage lenders conduct occupancy inspections and do have other methods to determine occupancy. If you know that you must permanently leave your home, it is best to make whatever provisions are required to repay the loan (sale, refinance, Deed to heirs so that they can finance in their names, etc.) before the lender forces action.

How long do heirs have to pay off a reverse mortgage?

The loan becomes due when the borrower no longer occupies the home as their primary residence. If the heirs are making good faith efforts to sell the home or refinance the loan, the servicer will work with the heirs and typically give several 3-month extensions to a year (sometimes longer). However, suppose the lender feels there is no honest attempt to repay the obligation, the heirs are not communicating with them, etc. In that case, they are not obligated to wait for 12 months to begin foreclosure as that alone can take 5 months or longer to complete once begun.

ARLO recommends these helpful resources:

Reverse Mortgage Vacated Property, Deed in Lieu of Foreclosure.
Medicare.gov: https://www.medicare.gov/nursinghomecompare/search.html?
A Place for Mom http://www.aplaceformom.com/nursing-homes

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75 Comments on this Article

Susan M.
September 20th, 2023

Hello Arlo,

We live next door to a house where the owner had a reverse mortgage but has been in permanent nursing care due to Alzheimer's for over 12 months. Her daughter held an estate sale and has told neighbors she let the house go back to the lender and did not want to sell. The house is in gross disrepair from negligence, including a stagnant pool, storm damage with a fallen tree over the pool, electrical service was ripped from the side of the house by a fallen tree, etc.

Our HOA decided they would not continue to force mow the grass and with a 3 month drought in Houston, TX of 100+ temps, the landscaping, shrubs, and grass are now dead and a fire hazard. I have found out who the mortgage holder is, but what can we do about this house that is not only a fire hazard but impacts our property value as it continues to deteriorate? The former HOA GM told us that these houses usually take 4-5 yrs to settle. That is NOT acceptable to us!
Reply to Susan
- ARLO™
  September 20th, 2023
  
  Hello Susan,
  I do not know the status of this home in particular, and it would be unreasonable to make the same general statement the other person did, citing any specific timeframe for the resolution of a property. Please allow me to explain the process. The homeowner can be out of the home for 12 months for temporary medical reasons, and the lender is not always aware of when that 12 months begins.
  It would be great if borrowers or their heirs notified lenders on the date that borrowers leave home for a medical reason so the clock can start ticking, but that never happens. I am not saying this happened in this case, but if she had Alzheimer's, it was a good bet that someone was returning her occupancy certificates before she went in. It is possible that they did so while she was in as well. The lender didn't even know she was not occupying the home, so they would only act once they were aware that the home was no longer owner-occupied.
  Once the owner leaves home and the lender becomes aware of this, the lender must go through a series of legal steps to foreclose on the loan to take possession of the property. The borrower or heirs still own the home until the day the property is sold at a foreclosure auction, and the lender, or a higher bidder, buys it. Only after that time can the borrower still own that property, and the lender can do some things to protect their interest. Still, they are limited because they don't own it. The lender will need to follow the laws to call the loan due and payable, and then after the foreclosure process has been completed, if they are the lawful owner, they could take possession of the property. The length of time it would take to complete the foreclosure varies and depends on local foreclosure laws, any title issues that may be present, and, in Texas, heirship issues that may arise.
  All this doesn't mean you might not be able to get some possible relief from other sources, though. The lender does have the right to step in and protect their security, so if the local municipality were to post notices of action due to the condition of the home, the lender or HUD would be warranted in taking corrective action to secure or repair some issues of the home even before they became the legal owner. Have you contacted your area's city or county responsible for code enforcement? If that pool is as bad as you say, that alone might warrant corrective action required by the city/county and a notice to comply within 30 days. The local fire department can require corrective action if there is a fire hazard.
  While I cannot promise anyone specifically can help or that they will consider the deferred maintenance as bad as you, that is where I would start. It is not the lender's fault that the owner has left the property in disrepair. The lender cannot break the law either, but they will still take the legal action necessary to protect their security for the loan once that action becomes necessary.
  Reply to ARLO
Kris M.
June 1st, 2023

Hi Arlo,

My mom is putting her house on the market. We will be moving her to assisted living. I wanted to move her a couple of weeks before closing so we could clean the house. The reverse mortgage company said they would come to secure the house, even if it's a few days before closing. Is there any way to prevent them from securing the house? Does she have to stay till the day she closes on the house? Thanks
Reply to Kris
- ARLO™
  June 1st, 2023
  
  Hello Kris,
  Her loan agreement and legal documents allow the lender to protect their interest in the property by securing a vacant home. However, this is the first time I have heard of a lender stepping in to secure a property just two weeks before a sale. The loan terms allow for absences for short periods that extend longer than two weeks if the home is secure, so I would only ask what led up to their making this comment.
  Homeowners routinely put their homes on the market to sell. I had never heard of a lender threatening to come in and secure the property if the borrower left two weeks before the close of the property that had been sold and was waiting for the close of escrow. Was there a heated conversation that caused the lender to make threatening comments? I cannot believe any lender would move to secure the property that is otherwise being taken care of but had just not closed escrow yet.
  We get comments daily about loans that have not been called for properties that have been abandoned by the owners months and sometimes years before, and to hear that a lender/servicer is threatening to move on a property that is owner-occupied right up until 2 weeks before the property transfers to a new owner on a sale wherein the loan is to be paid off is unthinkable.
  Reply to ARLO
Sherri
May 23rd, 2023

Hi Arlo,

My mother just passed away, and we discovered that there is a reverse mortgage with about $26k still owed. My father will remain in the home as long as possible until he passes. If he must go to a nursing home, do I have to cough up the $26k in a lump sum payment if I'm the heir? Or, upon his passing, do I also have to come up with the remaining balance of the loan in a lump sum payment to pay it off as an heir?
Reply to Sherri
- ARLO™
  May 23rd, 2023
  
  Hello Sherri,
  
  Once there are no original borrowers still living in the home, the loan becomes due and payable. At that time, you can pay the loan off with the funds you have, refinance the loan with a new loan, or sell the home to repay the loan, but the loan does need to be repaid.
  It is best to discuss this with your father now and make a game plan so that you can put plans in place while your dad is still living and can sign legal papers. It is much easier to settle title concerns and other issues now than later if you must go through court action if those issues have not been resolved.
  Reply to ARLO
Cathy
September 26th, 2022

Hello Arlo,

My uncle has Medicaid and is going into long-term care. He has a reverse mortgage on the house just about equal to the fair market value. The facility will take his social security each month. He lives in NJ. The house needs a ton of work and just clearing it out it a huge undertaking. I am his POA. I know Medicaid has an estate recovery program and will try to recoup the money paid out upon his death. If we sell the house now, will Medicaid put a lien on the house? We are trying to figure out if we should sign the deed over or try to sell the house. I have not been able to locate the paperwork to find out what is expected for the condition of the house (broom-swept, etc.) if we decide to turn it over.
Reply to Cathy
- ARLO™
  September 30th, 2022
  
  Hello Cathy,
  
  The broom clean requirement is if you want to try to give the lender a Deed in Lieu of Foreclosure. I would contact a local senior real estate specialist in your area first and ask them what they think the house might sell for. This might be a big determining factor in what you decide to do. If there is any equity in the home, they might just know of an estate sale company that can help you with the removal of all personal property.
  We know many who have done this and if the estate sale companies agree to take the home on, they usually do so for a percentage of the sales and agree to clean out and donate any remaining items at the end of the sale. You have an opportunity to go through and remove any items/keepsakes you want to keep but then the home is empty and "broom clean" for the realtor if he/she believes there is equity to be retained.
  
  If the real estate agent informs you that your uncle has used all his equity, you can still inquire about the estate sales companies if you wish or not, your call. But I can't answer your question about Medicaid. I do not know how they will treat is situation if he has no house or a house with no equity. I must believe that they are not interested in becoming involved in property with no equity but I have no experience with that so I cannot say.
  At any rate, if you do have an estate sale company conduct the sale, you can probably get the home cleared and cleaned to the broom clean definition and then contact the lender and if you choose to Deed the home to the lender and they accept it, it will be ready.
  Keep in mind, they will not always accept a Deed in Lieu of foreclosure because to do so means that they also inherit any liens or issues with the property whereas with a foreclosure, many of those issues are stripped away with the foreclosure sale. A Deed in Lieu of Foreclosure is a much quicker way to dispose of the property though so if you know you are not going to try to sell it and you plan to let the lender take it anyway, there really is no harm in trying.
  Reply to ARLO
Bev
July 25th, 2022

Hello Arlo,

What happens to a reverse mortgage should my step-mother have to go into a nursing home? After we take out personal heirlooms who is responsible for emptying the house? If we deed over the house do they do it? She has Medicaid, so we are thinking that if we sold the house any profit would be taken by Medicaid and it could become a hassle living 1,200 miles away.
Reply to Bev
- ARLO™
  July 25th, 2022
  
  Hello Bev,
  
  Medicaid has Estate Recovery Programs that they can use in some circumstances by taking the deceased homeowner's remaining estate to repay the state for their costs. However, we cannot advise you of these programs or how they may affect you or your step mother because we are not trained or licensed to give this type of advice/information.
  What I can tell you is that if the home goes to foreclosure, the lender will remove any personal items remaining in the property and they will be disposed of. You cannot Deed the home back to the lender unless the home is completely empty of all personal property and the home is "broom clean" (meaning all items are gone).
  The property does not need to be scrubbed and painted but does need to be cleaned to the point where it has been swept clean of all debris and no personal belongings remaining in the home. The home must also be clear of all other loans/liens other than the reverse mortgage or the lender cannot accept a Deed in Lieu of Foreclosure.
  If there are personal items still in the home or any liens, the lender must foreclose on the property as they are protected by the foreclosure action and the removal of personal property under that scenario. If you plan to allow the lender to foreclose, then you would want to be sure you had removed any personal items that you wanted to keep before that time.
  
  Also remember that if the lender feels the property has been abandoned and is vacant, they can move to secure the home at any time by changing locks, boarding up points of entry, etc. If there is no one living in the home, you do not want to wait too long before removing personal items that you do not want discarded by the lender.
  Reply to ARLO
Karen S.
June 25th, 2022

Hello Arlo,

My parents reversed mortgaged their house. My Dad is probably going to a nursing home. My Mom has issues too, but is ok with assistance at home. Can relatives live with her in the home to help her with her needs? Also wondering what would happen if the remaining one in the home would pass first, the house sold, would the nursing facility claim that?
Reply to Karen
- ARLO™
  June 30th, 2022
  
  Hello Karen,
  
  Mom can live in the home even if dad must leave the property and there is no problem with relatives living with her. In fact, she can rent rooms out to others to offset expenses if she wishes - it's her house she can do as she pleases as long as she meets her agreed upon terms of the loan.
  When mom passes, the home does not revert to the nursing facility unless mom and dad sign some agreement to that effect. I suppose that your parents could sign an agreement where the home would be deeded to the facility as a form of payment upon mom's passing, but that would take both mom and dad's agreement and is not something that the nursing facility can just do on their own.
  
  I would suggest that you all sit down with an estate attorney because there may be other ways the title of the home may be affected. I can't say but there may be a lien placed on the home by a nursing facility if their fees were not paid, I don't know. Families often do themselves a huge disservice by not seeking the counsel of a good estate attorney before family members pass.
  It is always easier to take steps now while people are alive, can make their wishes known and can still sign documents than to wait until after they pass. A good estate attorney can also keep you from making mistakes that would allow creditors and others to endanger family assets.
  
  The reverse mortgage is a non-recourse loan which means that the lender can never look to any other assets or heirs to repay the loan. But the loan becomes due and payable when the last person on the loan permanently leaves the house and that can be to live in another place (such as an assisted living facility) or due to death.
  When that happens, the loan becomes due and payable and family members must know that they need to plan for this time. You will either need to sell the home, refinance it with a new loan if you want to keep the property or let the lender take it if there is no equity and you can just walk away and owe nothing with no ill effect to your credit or otherwise but having a plan in place really helps so you are not just starting at the time when the original owners pass or must otherwise leave the home.
  Reply to ARLO
Mike
June 10th, 2022

Hi Arlo,

I have questions on your reverse mortgages. Situation is this. Mother-in-law is 94. Condo paid off. She owns 1/2 of the property. He daughter owns the other half.

She needs $ for home health care and sitting on all her equity. Condo is worth about $240k in Michigan.
She needs $ now to pay for home health care. Advice?
Thanks Mike
Reply to Mike
- ARLO™
  June 10th, 2022
  
  Hello Mike,
  
  If the daughter is also living in the unit and is over 62, they can get a reverse mortgage together.
  If not, the daughter would need to allow mom to get the loan by signing off on the documents and that also means that when mom is no longer living in the home as her primary residence, the loan becomes due and payable so the daughter would need to refinance or sell the unit at that time to pay off the loan.
  Also, the condo project would need to be on HUD's approved list for it to be eligible for a reverse mortgage in the first place or it would need to be approvable.
  The HUD list can be found on their website at https://entp.hud.gov/idapp/html/condlook.cfm.
  Reply to ARLO
Mary
March 9th, 2022

I have a reverse mortgage I need to move in assisted living. My mortgage has been sold to HUD. I have contacted them by phone and they will not tell me what my payoff is, I have not been receiving monthly statements. How can I get the information I need to sale the house and how long do I have to sale?
Reply to Mary
- ARLO™
  March 9th, 2022
  
  Hello Mary,
  
  The lender has the right under the terms of the loan to call the loan due and payable when the last original borrower on the loan is no longer living in the property as their primary residence. But that does give you a few options still.
  Firstly, if you believe you still have equity in the home, and many houses do with all the recent appreciation, you can talk to a real estate agent now and start with a title company/closing agent and ask them to send in a Beneficiary's Demand for payment in full.
  There are laws that require lenders to respond within certain timeframes after receiving an authorized Beneficiary's Demand Request so as long as you sign it and they send it in, NOVAD (HUD's servicer) cannot simply ignore the request or you have legal recourse. That will give you the information about how much it will take to repay the loan.
  
  With regard to your timing, that's tough to say. If you were to contact a real estate agent right away, you could probably have the place sold before the servicer ever determined that you have moved. If you wait for a long while after you move out, it all depends on when or if the servicer discovers that you have moved.
  If your move is a temporary one for medical reasons, you are allowed to be out of the home for up to 12 months. You just need to contact the servicer, let them know that you are moving out for rehabilitation and that you plan to return before the end of 12 months. They may also want to know that the home is secure while you are out so that there are no issues with a vacant property.
  Otherwise, you can just put the home on the market and hope that it sells before the lender contacts you because once they do, they can ask you for your plans and they can begin the process of calling the loan due and payable. They would include ordering an appraisal on the property and filing notices and they could foreclose in as little as 6 - 8 months if they started immediately.
  Most people are saying that NOVAD is way behind in everything and even those writing to us about NOVAD foreclosures are talking mostly about many months and years after a property is vacated right now before foreclosure proceedings but I don't think you can count on that. I think you should assume that they will discover your absence right away and make sure that you are ready to have the house sold before they can act.
  If they do not start the call process immediately and you were diligent, you have lost nothing and if they do, you have saved yourself the grief of fighting to complete a sale during a foreclosure action.
  Reply to ARLO
Kim R.
June 18th, 2021

What happens when my aunt's condo is foreclosed by the condo association? She surrendered it to the reverse mortgage company when she had to go to an assisted living facility, but they refused. What happens when she passes? I'm her POA.
Reply to Kim
- ARLO™
  June 18th, 2021
  
  Hello Kim,
  
  The lender probably refused to take the unit because there were other liens on the property and if they accept a Deed in Lieu of foreclosure with other liens, they also inherit those other liens.
  They need to complete a foreclosure so that any other lienholders must either step in and pay the reverse mortgage off to protect their lien interest or the foreclosure sale would remove the liens. I cannot give you legal advice or tell you what rights other lienholders may have against your aunt's estate, for that, you should contact an attorney.
  The lender though has only the property for security though. The reverse mortgage is a non-recourse loan which means that their only security is the property, and they cannot seek repayment from other assets your aunt or her estate may have.
  Reply to ARLO
Roseann
March 23rd, 2021

If dad passed and mom has dementia and cannot walk is going to a nursing home soon. Can the nursing home take any money from the house?
Reply to Roseann
- ARLO™
  March 23rd, 2021
  
  Hello Roseann,
  
  I cannot answer your question with the information you have given. The reverse mortgage is in first lien position, any junior liens would only receive funds after the existing lien had been paid in full. From your description there is no equity to pay any junior lienholders even if the nursing home has a lien on the property.
  I do not know what agreements mom and dad signed while they still had legal capacity to sign (dad was alive and mom did not have dementia), but before anyone can come in and take the property or sell it, they would need to repay the existing loan and I cannot see how the nursing home is going to do that if more money is owed on the home than the home is worth.
  
  Once mom permanently leaves the home to live in a nursing facility, the loan will become due and payable. Any junior lienholders would have the right to protect their interest in the property by paying the default on the underlying first trust deed but in this case, that is the full amount of the loan that is due and payable.
  The junior lienholder would need to pay off the existing first trust deed holder and exercise any rights they have under their documents to protect their position (usually their own foreclosure). But again, if there is no equity in the home, no lienholder will put the cash out to pay off the underlying lien in the first place.
  
  About any other possible remedies, they may have, I could not say. I would suggest that you contact them and ask them what their plans are and if they tell you something you do not feel is right, contact an elder care attorney.
  Reply to ARLO
Pauline Field
March 2nd, 2021

I am a POA. The borrower has recently been admitted to a skilled facility. Can I personally purchase this house and pay off her debt?
Reply to Pauline
- ARLO™
  March 4th, 2021
  
  Hello Pauline,
  
  The reverse mortgage would not give you the authority to purchase the home or prevent it but the terms of the POA, the laws regulating the use of a POA and any other heirs might.
  You need to check with your legal counsel to determine what is allowed under the terms of the Power of Attorney.
  I cannot give you legal advice, but when I do a quick internet search about using a POA for self-serving acts which is any act where you as the POA for another person do something that serves your interests (which selling the house to yourself or anyone related to you could be considered), the first article I find from a legal firm is very adamant about not having the ability to use a POA in this manner and even uses your circumstances as their example of what not to do.
  According to another article I read, inappropriate use of a POA can lead to personal liability. As an individual who can act with another individual's Power of Attorney, you have a fiduciary duty to the individual and that duty may subject you to liability if it is later deemed you did not act accordingly.
  For the sake of the individual who has moved to the care facility and for your own protection, I would suggest that you to obtain legal advice before you do anything that could be considered self-serving.
  Reply to ARLO
Carlos A.
January 22nd, 2021

Hi ARLO,

My mom has a reverse mortgage but had to be placed in a memory care residence in November 2020. We were waiting to see how she would adapt. I am her son and have a POA and will sell the home asap to pay off the mortgage. Do I need to contact the lender prior to placing the home for sale? I plan on selling the home myself via for sale by owner or Zillow, etc. and not use a realtor. Does the lender need a copy of a listing agreement for the property?
Reply to Carlos
- ARLO™
  January 22nd, 2021
  
  Hello Carlos,
  
  Your mom has up to 12 months that she can be absent from the home for medical purposes at which time the loan would become due and payable if she was unable to return. If you (you as her power of attorney if she is unable to make the call or she and the family jointly) decide to sell the home in the meantime, you are not required to get the lender's approval to sell.
  You would just place the home up for sale as you would if she had any other loan type and the escrow company/title/closing attorney (depending on who is handling your closing) would order a lender's Beneficiary Demand as part of the closing process.
  I would suggest that before you are ready to close, you send the Power of Attorney and any other paperwork the lender requests to the lender so that they recognize your legal right to work on behalf of mom's property so that the sale is not held up when it comes time to close.
  Reply to ARLO
Gerry
November 2nd, 2020

My father has a reverse mortgage. He is in aged care (we are not sure of its permanent or not), can we rent this home for 12 months to help pay bills?
Reply to Gerry
- ARLO™
  November 2nd, 2020
  
  Hello Gerry,
  
  The program does allow for up to 12 months temporary absence for medical reasons.
  The loan documents state that you should contact the lender to advise them of the absence so that they can be certain that the property is properly secured at this time.
  There is no provision for renting the entire home and the lender could interpret this move as the intent not to return and call the loan due and payable.
  Reply to ARLO
Karleen O.
October 1st, 2020

My mom, the last person on the reverse mortgage loan is going into an assisted living nursing home. The loan amount is likely more than it can be sold for. She has a will naming my two brothers and myself. She did a Beneficiary Deed naming myself and my older brother only. My older brother wants off the Deed. I can revoke and make a new Beneficiary Deed with just myself. I am afraid of the liability and legal problems it can mean for me as a senior citizen living on social security. I make enough money to live on only. It is my understanding mom must live in the house which she will not be doing. I would like to just give the house back to the lender. Before she passes, is that possible? What is the procedure to accomplish giving it back to the lender? I cannot afford the time or money to try and go through a sale on an upside-down home. What do I do? We are in Arizona. Any assistance you can provide will be a help.
Reply to Karleen
- ARLO™
  October 1st, 2020
  
  Hello Karleen,
  
  You cannot Deed the property to the lender unless you are on title yourself. But that is not a problem.
  If mom is still able to direct her affairs now, have her sign a letter authorizing you to work with the lender on her behalf with all things related to the loan. This way, they can talk to you and you to them about the loan.
  Otherwise, they will not even discuss things with you and cannot by law. After they have a signed authorization from mom, they can communicate with you.
  After mom has moved out and you have removed all of her property from the home, conducted any estate sales you want or done whatever with any personal belongings you do not wish to keep, then you can contact the lender and let them know that mom is no longer in the home and has permanently left the property.
  Notify them that you are not going to sell or keep the home. If you have the title, you can offer to give them a Deed in Lieu of Foreclosure and if not, tell them that they should take immediate steps to secure and take title to the home.
  
  You do not need to try to sell the home and if you have title, you can offer to Deed the home to the lender but they can only accept it if the home is completely empty and "broom clean".
  This means that the home does not need to be scrubbed from top to bottom but does need to be free of all personal property and debris.
  They will also conduct an appraisal and a title search and the property must be free of other liens but if so, they would be able to accept the Deed in Lieu of foreclosure cutting the time for the transition to the lender significantly.
  If they must go through the foreclosure process, this will at least alert them that the property is empty and that they can begin without delay.
  Reply to ARLO
Muriel R.
September 14th, 2020

My friend's mother has a reverse mortgage on her house. Mom has been in assisted living and out of the house for over a year. My friend is still living in her mom's house. Could my friend be charged rent by the holder of the reverse mortgage since her mom isn't living there anymore?
Reply to Muriel
- ARLO™
  September 14th, 2020
  
  Hi Muriel,
  
  No, the lender cannot charge her rent but if she is falsifying documentation the lender sends to state that mom is still living in the home, that is fraud against a lender.
  She can be fined, imprisoned or both should the lender or HUD decide to prosecute the felony and she be found guilty of the fraud.
  Reply to ARLO
Judith B.
July 7th, 2020

My husband had to go to a Memory Care facility. We have a Reverse Mtg. Do I need to notify them that he is there?
Reply to Judith
- ARLO™
  July 7th, 2020
  
  Hello Judith,
  
  If both you and your husband are on the loan, then you are not required to notify anyone of anything so long as you still live in the property.
  If at least one original borrower remains living in the home as their primary residence, you follow the terms of the loan and there is no notification required.
  Reply to ARLO
Patrick T.
June 12th, 2020

How long can I stay in a house owned by my wife if she goes to nursing home?
Reply to Patrick
- ARLO™
  June 12th, 2020
  
  Hello Patrick,
  
  If your wife leaves you the home as part of her estate, then you can stay there if you please.
  If she has other heirs (children by a different marriage, etc.), they may have other thoughts on the matter and you should consult with an estate attorney to determine heirship rights, etc. of the property.
  You do need to remember though that if you are not on the loan, when your spouse is no longer living in the property as her primary residence, the loan becomes due and payable and it would need to be repaid at that time either with funds available to you or by refinancing the loan if you wished to remain in the home.
  If you were unable to pay the loan off or refinance it, you would need to sell the home and relocate at that time.
  Reply to ARLO
Claudia M.
May 4th, 2020

My client has a reverse mortgage on a property, and she has been moved to an assisted living facility. The Lender's amount far exceeds what the current value of the property is. What do you suggest will happen in this case? Should I list the property, or will it have to go into foreclosure?
Reply to Claudia
- ARLO™
  May 4th, 2020
  
  Hello Claudia,
  
  The lender may accept a short sale and I have heard of people telling that they have had success with them, but I would check with the lender before going through the trouble of listing, negotiating a sale and then finding out they will not accept it.
  They may also accept a Deed in Lieu of Foreclosure but the lender has specific requirements for the property and title in order to be able to accept a Deed in Lieu. Otherwise, it would just go through a foreclosure at which time the lender would take title through a Trustee's Deed upon Sale.
  You would just want to be sure that all the borrower's personal items were removed from the home in any event prior to any of the options occurring.
  
  You mention your "client", so I do not know what your role is (real estate professional, attorney, accountant, etc.).
  I am not sure if you are looking to try to sell the property or if you would just like to find the quickest method to dispose but remember, to even discuss the issue with the lender, you need a written authorization from the borrower or the lender will not be able to legally discuss anything related to the loan with you as a third party.
  Reply to ARLO
Elizabeth G.
February 13th, 2020

My mom is in a nursing home. I need to repair her roof before she can come back. Can I rent her house to come up with the money?
Reply to Elizabeth
- ARLO™
  February 13th, 2020
  
  Hello Elizabeth,
  
  If you rent the property, it is no longer considered owner-occupied and your mom's absence is no longer considered temporary. The lender would call the loan due and payable if they become aware that the property is a rental at that time.
  If she has money still available to her in the loan, there are FHA repair companies that you might check with to see if they would do the work and allow payment after she returns and requests the funds from her lender?
  Reply to ARLO
Veronica C.
February 6th, 2020

My parents have had a reverse mortgage since 2009. They plan to move into an assisted living facility within the next month due to their declining health. I have read their loan documents and see that they cannot live elsewhere longer than 12 months, so we plan to notify the lender shortly.

I also read an earlier Q&A where you recommended a senior real estate specialist to get a current appraisal and help with an estate sale to rid the home of belongings they can no longer use.

My question (which is not addressed in their loan documents) is: can we sell their refrigerator and washer and dryer to provide them with a little additional money for their care needs, or must these appliances remain with the home if we decide we cannot pay off the loan and keep it? Thanks.
Reply to Veronica
- ARLO™
  February 6th, 2020
  
  Hello Veronica,
  
  You can sell all their personal property. Anything that is not "built in" is considered personal property. I would assume that the washer and dryer are free standing and therefore would be fine for you to sell. The refrigerator depends on whether it is a free-standing fridge that just sits in a place or if it is built into the cabinetry, etc.
  Just having a water hose for an ice maker does not make it built in but if you look at it and you are not sure, then there is a good chance it is built in. A free-standing refrigerator is easy to spot. Even if it is in a defined space, it is not a affixed to the cabinets and usually moves freely.
  Reply to ARLO
J. Drew
November 4th, 2019

My father in law is married and wife is in nursing home. House was paid for and owned outright. No will was left when he passed away in Dec 2018. Only my husband is his biological child are his wife's Children's entitled to home or its proceeds?
Reply to J.
- ARLO™
  November 4th, 2019
  
  Good afternoon,
  I'm sorry, I can't give you any direction. Property rights and heirship rights vary state by state. I am forbidden by licensing law to give legal advice and in all honesty, not knowing what state the property is in, even if I was a licensed attorney, I would probably not be able to answer without knowing the laws of that state.
  Therefore, my advice would be to contact a licensed attorney practicing in the state in which the property is located. It might also help to know if the spouse was even on title. Any title company can't help you with that. The attorney can tell you what your husband needs to and who has what rights about the property.
  Reply to ARLO
Drena S.
August 19th, 2019

I've been living with my mother in law 5 years now as her caregiver. I'm still caring for her. She has a reverse mortgage. My question is how long will I be able to stay here, once she is deceased? I'd really like to stay.
Reply to Drena
- ARLO™
  August 19th, 2019
  
  Hi Drena,
  When she is no longer living in the property the loan becomes due and payable.
  This means you really should have a conversation with her now because if she leaves the home to you, you would have to refinance the loan with a new loan in your name but you could stay in the home for as long as you want at that point.
  That's up to your mother in law as to who she leaves the home to and you just need to know that the loan must be repaid once she no longer lives in the home.
  Reply to ARLO
Ken P.
July 10th, 2019

How would the reverse mortgage company know that I have moved into a nursing home if nobody tells them?
Reply to Ken
- ARLO™
  July 10th, 2019
  
  Hello Ken,
  
  For one, they send out an annual certification to the home that you must sign and return. If you do not, they would know you were not in the home. If someone were to fill out that information on your behalf and falsify the information and the lender/HUD were to learn of the falsified information after a loss, they could then determine what remedy they wished to seek against you, your estate or whomever they wished to prosecute for mortgage fraud.
  The loan is a non-recourse loan under normal circumstances but if you or your heirs commit fraud, it becomes a different situation.
  Reply to ARLO
Patty L.
July 4th, 2019

I need help to write a letter of intent on mother's house that she has a reverse mortgage on. She is in dementia Center. I am her POA. I do know that Novad has her line of credit. I don't understand any of this.
Reply to Patty
- ARLO™
  July 4th, 2019
  
  Hello Patty,
  The servicer wants to know what you intend to do now to remain in compliance with the loan terms. Is your mom's move temporary or permanent? Has she been out of the home for more than 12 months yet? They want to know what your intentions are currently.
  If mom has been out of the home for less than 12 months and she/you intend to return her to the home before the end of 12 months, that is what your letter would tell them. You would tell them mom has been out of the home for 5 months for a temporary medical need and you intend to have her back in the home before she has been absent for 12 months as soon as you can arrange for her care.
  If she has already been out of the home for 12 months or you know she will not be returning, they will want to know what your intent to do next. Are you going to refinance the loan and pay them off (if you want to keep the home), are you going to sell the property, or do you intend to turn the home over to the lender? They just want you to let them know what your intentions are next.
  You just need to decide what you want to do now that mom no longer lives there and let them know. The loan will be due and payable if mom has been out for 12 months or more or if the move is permanent and they will want you to tell them what your intentions are in that case.
  Reply to ARLO
Ben F.
June 29th, 2019

If I go to a nursing home and can't live in home, do I have time to sell home or do I have pay off mortgage to keep.
Reply to Ben
- ARLO™
  June 29th, 2019
  
  Hello Ben,
  
  Borrowers are allowed a temporary leave for medical issues of up to 12 months. If you know that you will not be returning to the home, you need to either sell the home or pay off the loan with other financing after that time. Typically, heirs will be the ones to complete this function as most borrowers unable to live in the property are also unable to complete the process to sell or refinance the home/loan.
  But if you cannot live in the home any longer, it really is of no use to keep the property vacant for the entire 12 months if you know the outcome now. If the family wants to maintain it as a rental or for other family members, you would have to obtain other financing for those purposes and could start that process immediately and save any interest you did not accrue during the process.
  You should speak with your heirs now so that you all know what will happen when the time comes, and you have your plans in place. You have 12 months to determine if the move is permanent or not and then you still have some time after that to refinance or sell but in all honesty, why wait if you do know the move is permanent prior to the 12 months?
  I would suggest you all begin the process of refinancing or selling, whichever you decide is best, as soon as you make the decision that the move is permanent even if you have not been out for 12 months.
  Reply to ARLO
Rochelle C.
June 10th, 2019

Can my neighbor who recently moved to a nursing home, rent to me if she has a reverse mortgage?
Reply to Rochelle
- ARLO™
  June 10th, 2019
  
  Hello Rochelle,
  
  The reverse mortgage is for owner-occupied, primary residences only. Once your neighbor moves from the home, the loan becomes due and payable in full. If the lender receives confirmation of the move through their normal occupancy checks, they will call the Note due and payable.
  Reply to ARLO
Jim More (james.more@yahoo.com.
May 29th, 2019

I am 66 years old. How can my mother add me to her reverse mortgage so when she leaves for assisted care I can stay in the house? We have lived together in the house for 10 years.
Reply to Jim
- ARLO™
  May 29th, 2019
  
  Hi Jim,
  
  The short answer is that she can't. You can never add new people to an existing reverse mortgage loan. You can, however, refinance the loan now with a new loan in both your names simply by adding you to title and refinancing the loan with a new reverse mortgage at today's terms. That means that you would have to qualify based on today's rates and parameters but if you do, you would not have to worry about the loan being called due and payable when mom leaves the property.
  Reply to ARLO
Sharon G.
April 29th, 2019

A friend and her husband have a reverse mortgage on their home. She owns the home but is bedridden. She needs to go into a rehab/nursing home but is afraid if she does, the house will be foreclosed on. She would need rehab between 6 and 12 months so she can actively return home. They would continue upkeep, insurance, taxes, etc. She wants to know if she would lose her home.
Reply to Sharon
- ARLO™
  April 29th, 2019
  
  Hello Sharon,
  
  The reverse mortgage allows for temporary absences for just such issues, but HUD considers anything longer than 12 months a permanent vacancy. If she is on the loan and not her husband as well, she is ok to be absent the home for a temporary absence for up to 12 months with no problems and if he is on the loan with her but is remaining in the home, there is no problem either way.
  If one of the original borrowers remains in the home, the occupancy requirements have been met. If, however, the husband is not on the loan and is not an "eligible non-borrowing spouse", then they should just watch her time away and make any decisions they need to make before she is out of the home for 12 months or more.
  
  If you are not sure whether you will exceed the 12 months out of the home, reassess your situation after 6 months and ask yourself and your doctors honestly what the prognosis is for a return to the home within the next 6 months. The last thing you want to do is wait for 12 months and not have any plans in place and then find that you are not going to be able to reoccupy the home and must then start to scramble to determine the best plan of action.
  Get your family involved if you need to but be ready so that you can react either way when needed. Hopefully you will be able to return home as planned but, "The best laid plans" well, you know the rest. It's just best to know what you will do either way.
  Reply to ARLO
  - Teresa
    July 30th, 2023
    
    What is an intrafamily transfer of a house with a reverse mortgage? Can it be done if the person has no living relatives and it goes to a living trust in her name? Also, she passes away within the same week while in a nursing home?
    Reply to Teresa
    - ARLO™
      August 4th, 2023
      
      Hello Theresa,
      "Intra" simply means within. So when you have an intra-family transfer, you transfer the home title from one family member to another. What do you mean by "with a reverse mortgage? The reverse mortgage allows the owner to add other people to the title, family members or not, as long as at least one original borrower is still on the title. If the title is ever changed so that no original borrowers are still on the title, the loan becomes due and payable. That would include even if the person/people taking title were family members of the original borrowers.
      The exception to this rule is an approved trust on which the borrower(s) is the trust's beneficiary. If at least one of the original borrowers is still living in the home and you would like to place the property in a trust, then you should have the trust drawn but do not execute a Deed to transfer title until you send the trust to the lender for approval. Most trusts are approved, but if the trust is written so that it does not meet HUD requirements, the servicer can notify you before any change of title, and that would allow you to decide if you want to amend the trust, keep the property out of the trust or pay off the loan. If you just put the property in the trust and the trust is ineligible, that would be an unauthorized transfer of title as stated in the legal loan documents. The lender would then call the loan due and payable. Failure to pay the loan off would result in foreclosure proceedings. It can all be avoided by ensuring the trust is acceptable before you change the title.
      I'm unsure how to answer your question's last part. I believe you are asking me a legal question I cannot answer, but if she is the only borrower on the loan, is not living in the home, and the lender becomes aware of that fact, the loan will become due and payable anyway, so you may be looking at the wrong options at this time (trying to change title). Suppose the borrower is no longer able to live in the home. In that case, you should be looking for a way to sell the home or refinance the loan if you wish to keep it before the lender calls the loan due and payable. Your time and options are limited before a foreclosure begins. You are much more in control when you can list and sell at your pace or seek out lenders, etc., than when the clock is ticking due to a looming foreclosure action.
      Reply to ARLO
J. Bock
April 23rd, 2019

My mother is moving into a nursing home. Her reverse mortgage is at its max. Can we remove appliances from the house?
Reply to J.
- ARLO™
  April 23rd, 2019
  
  Good Afternoon,
  
  We have had this question a few times and I caution you, anything that is built in is generally considered real property and therefore a part of the property while free-standing appliances are typically considered personal property. So, if you are referring to a free-standing washer/dryer, a refrigerator that is not built in, a microwave that is on a counter, etc., those are all items that belong to your mom and can be removed as she feels appropriate.
  Anything affixed to the property, a built-in stove, refrigerator, in-wall ovens/microwave, etc. are typically all deemed to be part of the property and you could face charges by removing them. If you are unsure about what is and is not considered real property in the state or county where the property is located, you should consult with an attorney.
  Reply to ARLO
Lea
April 9th, 2019

My Mom and I, her daughter, are on a Reverse Mortgage, Mom's health is failing, I think it's time to think about a nursing home, should I remove her from the loan, or title what if she doesn't live here anymore, do we both have to be here?
Reply to Lea
- ARLO™
  April 9th, 2019
  
  Hello Lea,
  
  If you are both on the loan, you do not have to do anything. As long as at least one original borrower on the loan remains on title and in the home, you are in good standing under the terms of the reverse mortgage regarding the occupancy and there are no reporting requirements if one should leave and the other remains.
  Reply to ARLO
Ellen
March 20th, 2019

My father has a reverse mortgage. If he ends up going into a long term care facility and there is substantial equity after the reverse mortgage has been satisfied is there a way to protect it from medicaid taking instead of it going to his heirs?
Reply to Ellen
- ARLO™
  March 20th, 2019
  
  Hello Ellen,
  I am sorry, but this is an issue you need to discuss with your tax attorney or possibly your CPA. The reverse mortgage is just the type of financing your father has at this time and you would still be concerned with the treatment of his home equity if he had a standard or forward loan but had substantial equity in the home so the question has to do with Medicaid/accounting laws, not the loan. It really has no bearing on the type of loan but rather on the rights of the heirs as they relate to a person's estate and Medicaid rules.
  Reply to ARLO
John L.
November 15th, 2018

My mom entered a nursing home 5 months ago. I have been going by to check on the house from time to time. I went there yesterday and there was a sign on the door saying do not trespass and that a property manager was overseeing the property. I could not get in the house. Is this legal?
Reply to John
- ARLO™
  November 15th, 2018
  
  Hi John,
  
  I think you need to find out from the property manager under what authority he/she is managing the home. Is this something your mother set up or agreed to? Are there any other siblings involved in her care? Is there any kind of agreement with the nursing home as part of their payment? I think you need to just give the property manager listed a call and ask!
  You may find this is something your mom set up to offset costs or something other family members have done. At any rate, if you don't call and ask, you'll never know. Once you find out what authority they tell you they have for such an action, then you can decide if you need to contact a local law enforcement officer or an attorney if you believe their actions are illegal and not authorized or part of a scam of some sort.
  Reply to ARLO
KAITLYN T.
June 1st, 2018

If my mother had a reverse mortgage for 300,000 and owes 100,000 and has to go into a nursing home, what happens? I have also been her care giver for 7 years. Does the caregiver exemption law apply here? How does that work.
Thank you!
Reply to KAITLYN
- ARLO™
  June 4th, 2018
  
  Hello Kaitlyn,
  
  I cannot give you legal advice so in regard to the portion of your question that deals with the caregiver exemption law, I can only suggest that you speak with a competent elder care attorney on the matter. With regard to the mortgage, I can be of assistance. The reverse mortgage is very similar to a Home Equity Line of credit in the regard that your mom had a maximum line available to her of $300,000, but she only used $100,000 so that is all that must be repaid if the loan becomes due and payable. In other words, if your mom permanently moves out of the property (and the loan documents make that determination if she is absent the home for a period of 12 months or more), then the loan becomes due and payable. She had a total available of $300,000 but only used $100,000 and so the amount owed is the amount she actually used plus any interest that accrued on the loan minus any repayments she may have already made (if any).
  
  I would also like to give you the same precautionary warning I give to everyone. It sounds like mom has not even gone into a nursing home yet and 12 months sounds like a lot of time to get things situated but once you think you are at this point, but it is much better to have a plan in place than to start scrambling or even worse, wait until some or most of your 12 months have elapsed only to find out that you need to do other things to be able to pay off the loan when it becomes due (whether that is to refinance the loan with a new loan in your name, sell the home or whatever). Have your plans made and if you and mom have decided that the home is to go to you, perhaps she can deed the home to you now and you can apply for a loan in your name before that time comes. It's much easier to get favorable terms on new financing if you are forced to move too quickly and can shop for the best deal. Or if a sale of the property is in the future, here again, it is always easier to get the home ready and get the top dollar when you can sell the home on your terms and in your timeframe rather than waiting until you are being forced to take any offer for a quick sale.
  Reply to ARLO
Chris
April 23rd, 2018

Hello,

My fiancee's mother died approximately 9 years ago, her dad has a reverse mortgage that has not been paid, and he has been in a nursing home for about one year. No one lives at the house. My fiancee has been his P.O.A. since 2016.

Will she be liable to pay off the debt collectors regarding his reverse mortgage ? and the house can sell for more than what is owed-so money will be "leftover"?
Reply to Chris
- ARLO™
  April 23rd, 2018
  
  Hi Chris,
  
  If her father has now been out of the home for a year and it doesn't look like he is returning, she would be best served by placing the home on the market before the lender calls the loan due and payable. If she sells the home for more than what is owed, then the excess money belongs to her father (under her power of attorney). If she waits for the lender to initiate a foreclosure sale, there is only something "left-over", if someone comes to the foreclosure sale and out bids the lender and then that "left-over" amount is only the amount above and beyond what is owed to the lender. The only way that the owners will ever come out of a foreclosure sale with much money is if the value is considerably higher than the amount owed and there are multiple bidders trying to but the property.
  
  The lender does not bid against any other prospective buyers. The lender's bid at the foreclosure sale is only what is owed to the lender plus any costs (foreclosure, etc). Other, third party bidders start by bidding above that bid. If there are no competing bidders, the first bid above the lender's, even if it is only half of the property's value, wins. Buyers buying properties at auction are not looking to pay full price and are usually looking for below market value deals. On the other hand, if your fiancÃ©e lists the home and sells to a typical buyer looking to inhabit the home, she would probably have a much better chance of receiving a market offer, especially if she does it quickly and is not forced into a hurried sale. If her father will not be returning, I would suggest she speak with a real estate professional sooner rather than later.
  Reply to ARLO
william m. Gass
April 12th, 2018

where does the money come from after 12 months in nursing home and sale value is less than owed on the reverse mortgage
Reply to william
- ARLO™
  April 12th, 2018
  
  Hello William,
  
  Every reverse mortgage borrower pays Mortgage Insurance Premiums (MIP) as part of the transaction. Among other things, this protects the borrower and the borrower's heirs so that they never have to pay any shortfalls in just this situation. The borrowers and their heirs will not have to pay this shortfall and the lender will never look to any of the borrowers' or the estates' other assets to pay this shortfall. It will be covered through the HUD MIP fund into which all borrowers pay.
  Reply to ARLO
Linda G.
December 5th, 2016

My mother has a reverse mortgage on her home she is 83 needs to be put in nursing home due to her health she cannot stay in the home, my father died in 2012, the home is up for sale do she need to be in the home due to the reverse mortgage before it is sold.
Reply to Linda
- ARLO™
  December 5th, 2016
  
  Hi Linda,
  
  The loan becomes due and payable once your mom no longer lives in the property as her permanent residence. She also can be out of the home for temporary absences for periods up to 12 months before the absence is considered permanent. Your mom can sell the home at any time without the consent of the lender, it is always her home. You might want to temporarily move her to the assisted care facility while the home is listed for sale and then if the home sells, you can make whatever permanent plans you need to at that time and if it doesn't sell for several months, your mom has not permanently vacated the home creating a due and payable situation.
  Reply to ARLO
Samson Parker
November 22nd, 2016

Well, if you have a reverse mortgage and are moving out of your home, you may need to sell your home to repay the mortgage you have been borrowing for so long. However, if your loan balance is less than your home's worth during its sale then you have full right to keep the remaining amount. Since most reverse mortgage solutions are insured by FHA these days as a part of HECM program, so your loan must be paid off completely before the last surviving borrower permanently moves out of the house. In any situation where you have lived at some other place; be it a nursing home or any other place for more than 12 months, it will be counted as a permanent move. But in the case of less than 12 months, the reverse mortgage or your home will not be affected. It will remain your home and you can come back to it afterward.
Reply to Samson

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