Reverse Mortgage Occupancy Requirements Explained

August 2, 2021 By Michael Branson 58 comments

We live with my mother-in-law and were present throughout the process of her getting a reverse mortgage. The broker is fully aware that we live there with her and help keep up the property and pay living expenses. He told us if she ever needed to go to a nursing home if she is on the home at least once a month they would not recall the loan. What I am reading here seems contradictory to what we were told. We were also told about having 12 months to sell or purchase the property upon death. I am just confused about the nursing home situation now after reading this. -Amy

Hello Amy,

I cannot comment on what was said or not said by another originator and was not there for the conversation, but I have always been very honest with my borrowers and their families.

The loan documents make the legal agreement between the borrower and the lender. The occupancy of the home as the borrower’s principal residence is outlined as a requirement in the three main legal documents – the Note, the Deed of Trust or Mortgage (depending on which instrument your state uses) and the Security Agreement.

I am looking specifically at a Deed of Trust, but all the states have similar wording on their Deeds and Mortgages, and they define the property as no longer being the principal residence when:

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 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 or at least one other Borrower.

It sounds to me like the broker may have been counting entirely on the 12 consecutive months and not paying any attention to the “Principal Residence” requirement. The Promissory Note contains similar language in that it states that the Lender may require immediate repayment in full if:

The Property ceases to be the principal residence of a Borrower for reasons other than death and the Property is not the principal of at least one other Borrower.

So, what qualifies as the “Principal Residence”? That is specifically defined in the Security Agreement. Item 1.8 states:

Principal Residence means the dwelling where the borrower shall maintain his or her permanent place of abode, and typically spends the majority of the calendar year. A person may have only one principal residence at a time. The Property shall be considered to be the Principal Residence of any Borrower who is temporarily or permanently in a health care institution as long as the property is the Principal Residence of at least one other Borrower who is not in a health care institution. (emphasis added)

So, there you have it. Your question is specifically answered right in the loan documents and if the originator told you that being gone eleven months a year only to return for one was OK, that is not accurate. A principal residence is where you spend most of the year and the question about being in a mental or physical health facility is also covered.

For that reason, we always advise borrowers that the property must be the location where they spend more than 6 months of the year, receive their mail and use for their banking and other purposes as their mailing address.

Again, I can’t comment on a conversation during which I was not present, but you absolutely do have to occupy the property as your primary residence with a reverse mortgage, not 1 month out of the year and if you were told differently, that was wrong.

If your mother-in-law moves into a home for a temporary stay, she can be absent from the home for up to 12 months before they consider that a permanent situation, otherwise, she must occupy the home the majority of the year to be considered owner-occupied.

If the lender does call the loan due and payable because of the property no longer being owner-occupied, I am a little hesitant at giving you a hard time frame.

The loan would be due at that time, but I think timing for the next step might depend on circumstances. I have discussed this issue with the head of one servicing department and he says that they do grant the 12 months to dispose of the property.

I think that would also depend on whether the borrowers’ heirs were making a good faith effort to sell or refinance the home, the condition of the property, etc. If the heirs are trying to sell of refinance and pay off the loan, I know that would be the preference of the reverse mortgage lender as well.

However, if the heirs have no desire to sell the home and intend to stay in it until the last possible moment, the condition of the home is deteriorating and the lender’s security is being impaired, they may have to decide to move faster (and I am not saying you are – just that this might warrant different action).

If they began foreclosure proceedings immediately, it would still take many months in most states before the lender would be able to take the home back even if they started the day they first found out about the borrower’s leaving so they would consider the timing they might think the borrower(s) have already been gone and other concerns if they wait 12 months before they began any action at all, especially if they had reason to believe the heirs had no desire to leave or to sell/make arrangements to pay off the loan since it could take up to 24 months in some states to complete the process if they wait.

That is why communication is key.

Occupancy FAQs

Do you have to live in the home with a reverse mortgage?

Yes. One of the requirements of a reverse mortgage loan is that the property must be your primary residence.

What happens if I move out of my home while I have a reverse mortgage?

If you move out of the home permanently, the reverse mortgage loan will be called due and payable as occupying the property as your primary residence is one of the requirements. If you have a reverse mortgage and want to move out of the property without selling it, you will need to complete a refinance transaction to another type of loan or pay the reverse mortgage off in full first.

How long am I permitted to be away from the property when I have a reverse mortgage?

The guidelines of a reverse mortgage stipulate that the loan can be called due and payable if the borrower has vacated the property for 12 consecutive months or if the property is no longer their primary residence. For example, if you had to be away from the home for 6 consecutive months to rehab a surgery your loan would not be called due if you went back to the property as your primary residence. If you split time between two or more locations, you must spend the majority of your time at the property with the reverse mortgage otherwise it would not be your primary residence any longer and could result in the loan being called due.

How long can my heir live in the property after I die?

If a homeowner has a reverse mortgage, the loan becomes due upon their passing. If the heir to the home is living in the property, they cannot assume the loan. If the heir pays off the reverse mortgage in full, they can live in the property for as long as they choose to. If the heir cannot pay off the reverse mortgage and plans to sell the home, servicing guidelines will give them ample time to sell the property and they can live in the property during that time frame. They will be given extensions of time in 90 day increments up to a full year to sell the property if they demonstrate that they are in fact trying to sell the home.

How quickly do I have to move into the property after buying it with a reverse mortgage?

You must move into the property within 60 days after closing on the purchase transaction when you buy the property using a reverse mortgage loan.

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About the Author, Michael G. Branson | Mike@allreverse.com

Michael G. Branson CEO, All Reverse Mortgage, Inc. and moderator of ARLO™ has 40 years of experience in the mortgage banking industry. He has devoted the past 18 years to reverse mortgages exclusively.

58 Comments on this Article

Jeff K.
February 15th, 2023

Hi Arlo,

Is there a minimum month-per-year residence requirement for securing/'maintaining a reverse mortgage? Tim's article answered every conceivable question except this! Thanks in advance.
Reply to Jeff
- ARLO™
  February 15th, 2023
  
  Hi Jeff,
  
  I am sorry you had trouble locating the answer to your question, we have covered the topic of occupancy many times but with all the many topics we have covered, it may be buried under the others on the site. I am only too happy to give you the requirement for your loan. You must be living in the home at the time you apply for a refinance reverse mortgage or move into the home within 60 days after the close in the case of a purchase reverse mortgage.
  As far as the occupancy on an ongoing basis is concerned, you are required to live in the home as your primary residence and that means more than half of the year. If you are to be gone for any extended absences (beyond 2 months), you just need to let your servicer know so that they can be assured that the home is secured in your absence.
  
  The loan allows you to be away from the property for up to 12 months for extenuating circumstances such as medical needs (i.e., required stay in a convalescent hospital after an illness or accident). After 12 months of being away from the home, the vacancy is considered permanent, and the lender can call the loan due and payable. This allows people who have second homes to spend just under half the year at one home while still spending most of the year at their main residence (the home against which the reverse mortgage is recorded).
  Reply to ARLO
Gerald M.
December 15th, 2022

Hello Arlo,

I am currently living in a 2-unit condo free and clear and am interested in buying the second unit as a rental. I will continue living in my unit. I will need financing to do so. A thought that I had was to buy the second unit with conventional financing (using an empty line of credit that I have against my condo as a down), convert the building back to a two-family home (the condo rules and the law permit this), and then get a reverse mortgage to pay off all or most of the original loans.

My questions are: 1. Will my original lenders permit me to change the building to a two-family without paying them first? Is there a way to finance the purchase of the second unit directly with a reverse mortgage and convert the building, skipping the intermediate step? 2. What happens if the reverse mortgage does not cover all the money in the original loans? Does the reverse mortgage have to pay off all the existing purchase loans?
Reply to Gerald
- ARLO™
  December 15th, 2022
  
  Hello Gerald,
  
  There is a lot to process here, and I honestly can't tell you too much. Firstly, with respect to the current loans on your property, that would be entirely up to the rules of the lender, and I would not be able to opine on that. There probably are prohibitions about changing the nature of the property in the legal documents but I could not say for sure. I can tell you that you cannot purchase the second unit with a reverse mortgage for several reasons. You don' t live there and I do not think any lender would accept a letter of explanation that you intended to move from one unit in the project to another.
  When it comes to occupancy, if you are selling your current residence lenders have no reason to doubt your intent to occupy but if you plan to keep your existing property, lenders must rely on history and likelihood of continuance. Reverse mortgages are only available for owner occupied properties and it is not likely based on your history that you would move from your existing home to the other unit. Finally, the project would need to be a HUD approved project and I would be surprised if it was since most 2-unit projects are not HUD approved.
  
  Reverse mortgages are not construction loans and if the property was already converted to a two-unit property (no longer a condominium), you could apply for a reverse mortgage on a two-unit home if that property met all HUD requirements. A two-unit property does not require a separate HUD approval. You could live in one unit and rent one of the units but the reverse mortgage would be the only financing allowed on the property at that point so it would need to be able to pay off any balances owed on any other loans, or you would need to bring in cash to pay those loans off to close the reverse mortgage.
  Reply to ARLO
Chris R.
December 15th, 2022

Hi Arlo,

Once the sole primary resident passes away, or no longer is able to remain in the home, is the home then (potentially) sold (refinanced) to the heirs for the loan balance, or is the property appraised and sold to them for market value?
Reply to Chris
- ARLO™
  December 16th, 2022
  
  Hello Chris,
  
  The home is not "sold" to the heirs, the lender doesn't own it and can't sell it to anyone. The deceased borrower owned the home, and the reverse mortgage was a lien against the property to secure the loan. When the borrower passes, that loan becomes due and payable. The person who owns the home after the borrower passes is entirely up to the original borrower if they made such arrangements through a trust, will or other written instructions or through the courts and probate based on heirship rights. The lender doesn't make that determination.
  
  If no one comes forward to repay the loan, the lender will foreclose on the outstanding lien and if no one outbids the lender at foreclosure auction, then and only then the lender would become the owner of the property because of the Trustee's Deed upon Sale. If there are heirs that want the home, they can pay the loan balance owed and keep the home, they can sell the home and pay the balance off through the sale proceeds or if they do not want the home they can simply walk away and owe nothing as the lender can only foreclose against the property and cannot look to the borrower's state or heirs for any other amounts to repay the loan.
  
  If the amount owed is greater than the value of the home, heirs also have the right to repay the loan in full at 95% of the current market value if that is less than the actual amount owed if they wish to keep the property. That means that if you would like to keep the home and it is worth $100,000 but the balance owed on the reverse mortgage is $125,000, the lender will accept payment in full of $95,000 from the heirs of the borrower.
  This would require an appraisal to be performed by a HUD-approved appraiser. But the home is not being "sold" to the heir because the lender doesn't own it and therefore cannot sell it. The owner either made the decision to leave the home to the heir, the court granted the title to the heir, or the other heirs stepped aside and allowed the heir to take title because of the probate action.
  Reply to ARLO
Dawn B.
November 4th, 2022

Hi ARLO,

My 90-year-old mother has a reverse mortgage on a condo she has lived in since 1993. This year when her annual occupancy certification request letter came, she was in the hospital having major surgery & required recuperation. She missed the deadline for sending back the signed documentation (by 14 days) but resolved the entire matter with her mortgage company. They held back one month's check but said upon receiving her signed paperwork they would deposit the funds into her checking if she signed up for automatic deposit. She followed their direction but did not receive payment for that missed month. When she inquired, they denied ever telling her she could get the one missed payment back. I assisted with several calls and a manager said he would try to get her the check but never followed through and would not take our calls. Another rep said our only option would be to take money from her line of credit (not sure the exact name they used). I understand they only followed procedure by holding that one month's payment when she missed the due date, but would the mortgage company be required to send payment when the matter was promptly cleared up? or is the only way she can now receive the withheld funds through this special request method? and if so, would this cost her anything or affect her account in any way?
Reply to Dawn
- ARLO™
  November 4th, 2022
  
  Hello Dawn,
  
  The terms are set out in her loan documents and the lender must adhere to the written agreement. However, some states do have laws that prevent lenders and others from saying one thing then doing something else when dealing with borrowers. Have you got anything in writing from them that they would make the back payment? If not, there is always the chance that there will be a "he said, she said" situation if the call is not recorded.
  If she does a draw from the line of credit, there is the slight chance that it could affect the Tenure payment but if the loan already has accommodations for a modified tenure (both payments and a line of credit), the only thing it would do is lower the amount available in the line by the amount she draws. The tenure payments would continue as scheduled. You should be able to verify all this with your current servicer by calling them at the number listed on the monthly statement.
  Reply to ARLO
Roger B.
September 27th, 2022

I've been sent a foreclose notification for not sending in my occupancy certificate. I've been in my house every day so if I'm late on signing the certificate, I wasn't reminded. Why can't I sign now instead of being foreclosed? This is not fair!
Reply to Roger
- ARLO™
  September 27th, 2022
  
  Hello Roger,
  
  The annual certification of occupancy is a requirement of the loan. Some servicers are much more stringent on the requirement of the borrower to return the document than others and still other servicers do more to try to follow up in other ways before they send anything mentioning default of foreclosure.
  I would suggest you send them a registered mail with return receipt required so you can verify that they received your letter but also send them copies of your ID showing your address, a current bank statement showing you do occupy the home and one other current mailing or evidence that you are in the property as your current residence.
  Explain to them that you did not receive their letter and that you have not defaulted on the occupancy requirement. Do not just rely on the registered letter. Follow up with constant calls until you reach someone in a management position with the servicer who can tell you if they have received your letter, reviewed it and are willing to reverse their position on the need to foreclose.
  I do not know how many attempts they have made to contact you at the property so I do not know how successful this will be but do not let this go. If you need to, seek legal aid immediately if you have always followed the terms of the loan but there has just been some miscommunication and the servicer will not budge on their demands now.
  
  If you truly were out of the property and not living in the home pursuant to the terms of the loan, then I would suggest you quickly look for ways to refinance the loan or sell the property. The lender does have the right to call the loan due and payable for non-occupancy and if you cannot pay the loan off at that time, their recourse is to commence foreclosure proceedings.
  But since you state that you have lived there every day, I would need to ask how many certificates and attempts to contact you did the lender send/attempt? This might be an important fact for an attorney later if the lender does not change their actions based on your initial registered letter and follow up calls.
  Reply to ARLO
Natasha L.
August 17th, 2022

Two brothers on the deed, one lives in the home and the other does not. I was told that the brother who resides in the home cannot do a reverse mortgage because the other brother doesn't live there as his primary residence. In order to do the reverse mortgage the second brother would need to relinquish his rights to the home (ie sign over the deed) or the home put into a trust. This isn't an issue on a conventional mortgage where a deed has multiple owners and only one on the mortgage note. Can you elaborate?
Reply to Natasha
- ARLO™
  August 28th, 2022
  
  Hello Natasha,
  
  That is not necessarily correct, but it also depends on where the property is located. If you live in a state like Texas, there are very strong heirship laws that would not allow one owner to do the reverse mortgage. However, with most states this would not be a problem and the non-occupant brother could remain on title.
  Because he does not live in the home, he is not eligible for the loan but since he is on the ownership of the property, he would need to sign some legal documents which allows the reverse mortgage on the property which he co-owns, lender documents that states that he is aware of the loan and its provisions and then the occupying brother could get the loan.
  The things he needs to know though are that the occupying brother can live in the home without making a payment for the rest of his life which causes the balance of the loan to rise so there could be no equity left in the home when the occupying brother finally leaves the home if that brother draws enough funds, the loan accrues sufficient interest and the occupying brother lives in the home a long time.
  The non-borrowing, non-occupant brother/owner would still need to attend a counseling session and as I stated, sign several loan documents indicating he is completely aware of the terms of the loan, even though he is not a borrower and is not responsible for its repayment.
  Reply to ARLO
Judy L.
August 16th, 2022

Hello Arlo,

My father has had a reverse mortgage since 2014, he's getting up in age (92 years old now), and did send in his occupancy form due 1-1-22. As of today, they have charged him attorney fees, appraisal fees inspection fees, we received a letter from reverse mortgage saying he had until 8-20-22 to respond to owner occupancy.

Which we did today filled out form and requested all those charges be reversed, they said no. Should we get an attorney involved?
Reply to Judy
- ARLO™
  August 16th, 2022
  
  Hello Judy,
  If you have evidence that he sent the first certificate, then I would certainly push back on their requirements or at least make them substantiate the need for the appraisal, fees, etc. Typically, the lender will make more of an attempt to contact the borrower before going to this extreme, are you certain that your father sent the occupancy form? And can you say for sure that there was no follow up by the lender that went unanswered by your dad?
  I would be certain that everything you send them you send registered with return receipt required or overnight delivery with signature required from this point as well but you need to determine how you can verify how you can prove that the other certificate was sent and if they have documentation on their end that they have made attempts to contact him did not go unanswered (which might include a third party service which went to the door). If they do have the documentation and you do not, you might be adding costs unnecessarily. Have you spoken with a manager at the lender to request information?
  Reply to ARLO
Bob P.
June 13th, 2022

Hello Arlo,

I received my occupancy letter in April. This runs true to form with other years. I returned it promptly. In May I received a second letter of occupancy from a buyer of the above company. I called and asked the new company why I had received a 2nd letter of confirming occupancy when I returned my first letter. They said that their records showed I returned it to the prior owner of the reverse mortgage. I said that was who sent it to me. They had sent me a pre-addressed envelope. This new company is not in BBB and has the worse satisfaction rating I have ever seen. I sent them a certified occupancy letter. Something does not smell right to me.
Reply to Bob
- ARLO™
  June 13th, 2022
  
  Hello Bob,
  
  I am not aware of any scams being perpetrated at this time with individuals claiming to be representing a company and asking for unnecessary occupancy information. And in all honesty, if it is the typical occupancy certification, there is no personal information required, just usually a certification on the part of the homeowner that they have not sold the property, were not absent from the home for more than 12 months due to illness and that if they were absent for more than 2 months for reasons other than illness that they will notify the servicer. They will usually contain the HUD warning about false statements that reads:
  
  "Warning: Section 1001 of Title 18 of the United States Code makes it a criminal offense to make a willfully false statement or misrepresentation to any department or agency of the United States government as to any matter within its jurisdiction."
  
  I think the new servicer is just trying to start off by putting all the new loans they are new servicing on the same cycle that they have already established for other loans they service but if you feel that they ever do begin to request information that they should not be asking (such as personal information or account numbers, social security numbers, etc.), then I would suggest you follow up with further inquiries to the company, to state and federal regulators and to HUD if you feel it warranted.
  Reply to ARLO
Tomottl
March 22nd, 2022

Hello Arlo,

If I own a property jointly with 2 other relatives, but do not live in/at the property, can I obtain a reverse mortgage on my share of the property?
Reply to Tomottl
- ARLO™
  March 22nd, 2022
  
  No, that would not meet HUD requirements. Firstly, you can only get a reverse mortgage on a property in which you live as your primary residence. Next, you can have other people on title, but the loan would encumber the entire property and the other owners would need to agree to it and participate in the loan process.
  Reply to ARLO
Joshua K.
September 1st, 2021

My Mother has a reverse mortgage and she is under the impression that the residency requirement is 60 days because the proof of residency letter that she signs instructs her to "inform" the lender if she's going to be gone for more than 60 days. She would like visit us for a longer period up to 90 days, but she is afraid she will run afoul of the rules. While she's been away, a family member has been looking after the house (picking up the mail, etc) but is not living there. Is there a possibility that the residency requirement is actually lost if she's gone for more than 60 days (but definitely less than 6 months)? What happens when she calls the lender to tell them she'll be gone for say 90 days? Thank you!
Reply to Joshua
- ARLO™
  September 9th, 2021
  
  Hello Joshua,
  The requirement of the borrower is that during extended absences they must let the lender know for two reasons, firstly, it allows the lender to be sure they don't perform an occupancy inspection during this period and mistake their absence for a permanent abandonment of the property and secondly, the lender will verify the property is secure.
  Your mom has the right to take trips longer than 60 days but the lender also has the right under the terms of the loan to be sure the security for the loan (the property) is safe and protected. If mom has a family member watching the home and the house is secure, there would be no issues with a 90-day trip.
  Reply to ARLO
Darlene H.
August 10th, 2021

I have a reverse mortgage, I would like to have an extended vacation of possibly up to three months. With a family member staying in my house to take care of it. Would this be permitted
Reply to Darlene
- ARLO™
  August 10th, 2021
  
  Hello Darlene,
  
  Yes, this is permitted. You would want to let your mortgage loan servicer know that you will be gone from the residence for a couple months, but the home has a family member staying there to secure it in your absence and that you will not be gone for more than 3 months on your extended vacation, and all will be fine.
  You must keep occupying the home as your primary residence and you cannot rent the home out and since this does not violate those provisions, just letting the lender know of your plans ensures they do not conduct an occupancy inspection while you gone and think you no longer occupy the home.
  I also think it is a good idea to let any family members know that if a representative of the lender does come to the property while you are gone, they should emphasize that you are on a planned vacation and will be returning soon.
  Reply to ARLO
Jerry M.
April 16th, 2021

I received annual occupancy certificate without a return envelope. Please send me one so I can return the certificate.
Reply to Jerry
- ARLO™
  April 19th, 2021
  
  Hello Jerry,
  
  You need to contact your servicer to request this envelope or at least the address so you can use a different envelope. The information to contact your servicer can be found on each of the monthly statements you receive (if it is not on the occupancy certification itself).
  All certifications do not go to one central location for all lenders, and it is important that you return it to your lender/servicer.
  Reply to ARLO
Sandy
April 13th, 2021

Hello ARLO,
Over the last year a woman moved in with my elderly mother in Arizona. She lives in my mother's house, does not pay rent, and has a house with reverse mortgage in another state. We have asked her to leave she will not. Doesn't she have to live full time in her reverse mortgage home to honor that contract? She has lived 13 continual months in my mother's home.
Reply to Sandy
- ARLO™
  April 13th, 2021
  
  Hello Sandy,
  
  If she has a home with a reverse mortgage and there is no other original borrower still living in the home, she is violating the terms of the loan by not living in the home as her primary residence.
  If the lender becomes aware of the fact that she has left the home and there is no other borrower who is also on the loan who still lives in the property, they can call the loan due and payable.
  If, however, she is on that loan with someone else who still lives there, they are still within the terms of the loan and have not violated the provisions of the reverse mortgage.
  Reply to ARLO
Yve
January 25th, 2021

Hi ARLO, I am 65, I still owe a small amount on my mortgage and I am unemployed. Would it be possible to get a reverse mortgage loan to pay off mortgage and also to get a camper van to travel and rent my home for periods if 6 months? Thank you.
Reply to Yve
- ARLO™
  January 25th, 2021
  
  Hello Yve,
  
  The reverse mortgage requires you to live in the home for more than half the year as your primary residence and it would allow you to rent a room or rooms while you also occupy the home, but it does not allow for the complete rental of the home for periods you suggest.
  This would be a non-allowable use of the home and the lender could call the Note due and payable under such circumstances.
  If this is your plan, a reverse mortgage would not be the right loan for you.
  Reply to ARLO
Rod T.
December 15th, 2020

My mother has never rented her home and does not ever plan to rent it. Occupancy is not as obvious, as she currently resides at a local Board and Care on a month-to-month basis. As long as my mom is not collecting rent on the residence, and as long as I, her son, live in it and maintain it, and my mom receives all Marilyn at her residence, do we qualify for HUD? If not, is there such a thing as a non-HUD reverse mortgage for seniors who need Board-and-Care living assistance?
Reply to Rod
- ARLO™
  December 15th, 2020
  
  Hello Rod,
  
  Your mom would not be eligible under this scenario.
  She must physically occupy the home as her primary residence and if she lives in a board and care facility, she does not satisfy this requirement.
  I am not aware of any reverse mortgage programs that would allow family members to occupy the home and the owner to be absent.
  Reply to ARLO
Charleen
October 7th, 2020

How do you turn someone in for abandoning a reverse mortgage loan and letting kids stay in home for free. Police are there at least once a week while parents are in Arizona.
Reply to Charleen
- ARLO™
  October 7th, 2020
  
  Hello Charleen,
  It is very difficult to know for sure who you would need to contact since the loan may or may not still be with the lender who first closed the loan.
  It only takes a matter of minutes to look up the recorded information if the country has online recorded information, you just look up the Deed that have recorded for that property and the last Deed will be the reverse mortgage.
  You can contact the lender on the last Deed, and they may still own the loan or can forward the information to the investor to whom they sold it.
  You can also note the FHA Case number that is usually on the documents as well and contact the HUD office that is responsible for the area where the property is located and let them know of the infraction.
  You can find the HUD offices on their website here.
  When borrowers do things like this, it only increases the loss to HUD so HUD should be interested in performing or having the lender perform an occupancy inspection but I cannot promise they will move very quickly on it.
  This is one of the areas about which we have written many times that we believe HUD should enforce more fully.
  By not enforcing the owner occupancy requirements more diligently and instantly when things like this are discovered, they allow losses to mount more on existing loans and this hurts the program and other borrowers as well when they need to cut back on program benefits to those who really need them.
  I hope they put your information to good use.
  Reply to ARLO
Jeanie
September 1st, 2020

If you already have a reverse mortgage but want to buy a secondary home with a regular mortgage not a reverse can your daughter lives in it even though I bought it. When my daughter turns 62 not for a few years yet can I quick claim deed to her so she can get a reverse mortgage?
Reply to Jeanie
- ARLO™
  September 1st, 2020
  
  Hello Jeanie,
  
  I am not sure how to keep answering questions about sons and daughters and Quit Claim Deeds that you keep sending in.
  The answer is the same for your daughter as it was for your sons. If your daughter is on title to the property and lives in the home, she can apply for a reverse mortgage.
  There are no seasoning requirements for length of time owing or occupancy but the underwriter will underwrite the loan and it must be reasonable that she is living in the home as her primary residence and will continue to do so after the loan closes.
  Failure to do so would result in the lender either declining the loan application or if they discovered after the loan closed that she did not live in the property, they would call the loan due and payable and possibly initiate a foreclosure action if she or you are unable to repay the loan balance or sell the home in time to avoid the foreclosure.
  Reply to ARLO
Joseph G.
August 10th, 2020

My father's friend has a reverse mortgage and he just went to the hospital and they diagnosed him with dementia and his older son took over as his conservator. Now my friend lives in the house too and the Bank foreclosed on the house. Now they are trying to sell the house, but they told her that she has until Sunday the 9th to move, but she did not receive any eviction notice or any paperwork. Can she stay until they serve her with papers, or will she need to leave now?
Reply to Joseph
- ARLO™
  August 10th, 2020
  
  Hello Joseph,
  This is a question pertaining to legal rights under foreclosure laws in the state in which the property is located and therefore, I would need to refer you to a licensed attorney. I can tell you that from the standpoint of the loan, that is not how it works though.
  Borrowers have up to 12 months for a temporary leave for medical reasons and the lender would not be able to foreclose under the terms of the legal documents until the leave was determined to be permanent. Even then, foreclosures take months to complete and there are notices required by law for that process including advertising notices.
  If the lender truly violated the terms of the loan and the foreclosure laws, then your friend should speak with an attorney as soon as possible. I suspect that you have not been given 100% of the story though and there may be more to it than you have heard but if not, she needs to protect her rights if she now has rights to the property and those of her father if not as soon as possible.
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Barry
June 23rd, 2020

Do you have to live in your home or can you rent it?
Reply to Barry
- ARLO™
  June 23rd, 2020
  
  Hello Barry,
  You must live in the property as your primary residence to be eligible for a reverse mortgage.
  Reply to ARLO
Sherry
June 8th, 2020

How long to we must live in our home before we can apply for a reverse mortgage?
Reply to Sherry
- ARLO™
  June 8th, 2020
  
  Hello Sherry,
  
  There is no minimum time you must own or occupy the home. If you do occupy the home as your primary residence, you are not required to wait any set length of time to apply for the loan.
  Some people even use reverse mortgages to purchase their home and they obviously do not own them or even occupy them at the time they apply. There are different rules for reverse mortgage purchase transactions and those borrowers must move into the home within 60 days of closing.
  But the purchase reverse helps borrowers who are going to get a new home from having to pay for two sets of closing costs on two different transactions (a purchase and then a refinance).
  So not knowing if you are referring to a home you already own or one you are considering, if you do not own the home as of this time, you may wish to look into a purchase reverse mortgage and save some money.
  Reply to ARLO
Mike
February 10th, 2020

I'm a renter who has been with the person who acquired the loan since the loan was acquired. I'm not related to the person who got the reverse mortgage, but I've been living with them since the reverse mortgage was put in place. That person has recently died. What rights do I have as a tenant?
Reply to Mike
- ARLO™
  February 10th, 2020
  
  Hello Mike,
  Unfortunately, mortgage licensing laws forbid me from giving legal or accounting advice. And quite frankly, you wouldn't want it from me anyway! Tenants' rights are a legal question that are not determined by the type of loan on the property and vary based on where the property is located.
  You should speak with an attorney to determine your rights as a tenant based on local laws, the terms of your rental agreement and the new owners.
  What I can tell you is that the heirs will have first right to the home and they will have to decide what they want to do with it (keep it and live there, rent it out or sell it).
  They would be the first ones you would want to discuss occupancy with. If no one accepts the home, the lender will have to foreclose on the loan and then again, local laws will determine what the lender could do and what your rights would be.
  Reply to ARLO
Rich B.
January 16th, 2020

I messed up and did not get my letter of occupancy in on my reverse mortgage, and novad wants the money or short sale or deed in lieu, or foreclosure. I have not been absent from the home. How do I keep the house and clear this up?
Reply to Rich
- ARLO™
  January 16th, 2020
  
  Hello Rich,
  
  I cannot advise you specifically because it is not my call. My suggestion is to send them a copy of your bank statements for the year, your cable bill and your water bill to verify that you occupied the home for the entire year. Let them know that you receive virtually 5 or more pieces of mail every single month with ads for reverse mortgages and you inadvertently threw away their request for occupancy certification. Tell them that you are living in the property and always have been and can verify this with the items I mentioned above or anything else they would like to see but that you have never left the home.
  
  I believe if you supply them the proof, I have mentioned they will reconsider their call. However, if they do not or if it begins to drag, I suggest that you not delay, that you hire the services of a real estate attorney without delay. Do not wait until after the home has gone into foreclosure to resolve the issue. If possible, resolve it with the lender before they file a notice of default.
  Reply to ARLO
Wayne F.
November 13th, 2019

Do you have to live in the house to get a reverse mortgage on it?
Reply to Wayne
- ARLO™
  November 13th, 2019
  
  Hello Wayne,
  
  Yes, you must live in the home as your principal residence for it to be eligible for a reverse mortgage. Rental properties and second homes are not eligible under the program currently.
  However, many years back there were some proprietary or private programs that did allow 2nd homes (never rentals) and so it is not inconceivable that a second home program may be available again at some time in the future.
  Reply to ARLO
Antoneya G.
September 18th, 2019

Can you live out of state and rent your home with a reverse mortgage?
Reply to Antoneya
- ARLO™
  September 18th, 2019
  
  Hello Antoneya,
  
  The reverse mortgage requires you to be a full time resident of the property or the lender will call the loan due and payable. The terms of the loan state that the property must be owner-occupied and not a rental.
  Reply to ARLO
Al
September 4th, 2019

I've been sentenced to 3 years in prison. Will HUD inform my reverse mortgage company of my sentence? What happens next?
Reply to Al
- ARLO™
  September 4th, 2019
  
  Hello Al,
  I don't know if HUD receives that information, but I would not want to risk it if I was you. Do you have someone who can act as your advocate if need be during this time?
  If the lender calls the loan due and payable as they would if they learn you are no longer living in the home, they will call the loan due and payable.
  If you have a relative or trusted advocate who can sell the home and have title place the funds in a trust account for you, you may even be able to use a reverse mortgage to purchase upon your return.
  Reply to ARLO
Richard A.
June 29th, 2019

How does the reverse mortgage company know I live in the house 6 months and 1 day?
Reply to Richard
- ARLO™
  June 29th, 2019
  
  Hello Rick,
  
  Great question. This is one of the areas that is the most difficult for reverse mortgage lending and for HUD to monitor. Unfortunately, it is also one of the biggest areas of fraud concerning the loan. As long as the home is not a rental, the mail is not returned and the lender does not perform one or more occupancy inspections that show the borrower absent the property, the lender may not know if you are gone from the property more than 6 months a year.
  I tell borrowers though that if this is your intention as a permanent situation, it's not worth the risk. The loan will be called due and payable if the lender does determine that you are not there, and no one needs the hassle or expense (not to mention credit problems) of a foreclosure if it is entirely avoidable. If you are not planning on living in the home as your permanent residence pursuant to the terms of the loan, look for another loan program or consider selling the home and renting elsewhere.
  Lenders hire companies to make calls, they will knock on doors and they have other methods to determine occupancy. Borrowers also have to sign an annual occupancy affidavit and to knowingly make a false statement to induce a lender to make a lending decision is a felony. I have not heard of anyone being prosecuted for falsely attesting to occupancy on a reverse mortgage to date, but like any mortgage fraud, if the lender or HUD felt the loss was great enough, they may decide to do so at some point in the future. They may never know if you are not occupying but if they do, is it worth the risk?
  Reply to ARLO
Amy
April 23rd, 2019

Who can confirm continued residency? 83-year-old aunt received letter to certify. Does anyone (attorney, etc.) need to sign, as well? (She has always lived there- no break in residency). Thank you
Reply to Amy
- ARLO™
  April 23rd, 2019
  
  Hello Amy,
  
  She can just sign and return the form. If there is any question as to the form's authenticity, the lender may schedule a personal visit. In fact, lenders do have services that conduct occupancy inspections as a matter of both random and flagged reasons from time to time. For the time being though, your aunt should be able to just sign the form and return it and they will let her know if there is any further action needed.
  Reply to ARLO
Pat C.
March 26th, 2019

Can I rent out my home if I have a reverse mortgage?
Reply to Pat
- ARLO™
  March 26th, 2019
  
  Hello Pat,
  
  Your reverse mortgage allows you to rent a portion of the home if you are still living in the property as your primary residence. If you are talking about one or two rooms, yes you may.
  However, if you were to move out of the property entirely, the loan becomes due and payable and if you did not have the means to repay the loan or if you did not sell the property to repay the loan, the lender would begin foreclosure proceedings which could affect both your ability to ever get HUD financing as well as your credit.
  If you wish to permanently leave the property and make it a rental unit, you need to investigate other financing first and pay off the reverse mortgage. Otherwise, consider selling the home to avoid the foreclosure (unless of course you have the resources to repay the loan otherwise and that is always your right at any time without penalty).
  Reply to ARLO
sholom fine
June 19th, 2017

Do the lenders ever give right of assumption to the wife if the husband dies? or does that remove their incentive? Just looking at the "altruism" of your fellow lenders.
Also what certification should they have for ethical conduct? or is it the arbitration clause at last resort?.
Reply to sholom
- ARLO™
  June 19th, 2017
  
  Hello Sholom,
  Married borrowers are considered on the reverse mortgage at the time the loan is created and even though this was not always the case, now even spouses of borrowers who are not yet 62 are considered "eligible non-borrowing spouses" and they too are taken into consideration and allowed to remain in the home for life. They don't "assume" the loan but are not required to leave when the borrowing spouse passes (but they do have some conditions that must be met). With regard to ethical conduct, the National Reverse Mortgage Lenders Association (NRMLA) has a very strict code of conduct to which all members must adhere. To be certain that your reverse mortgage professional adheres to a strong set of rules and ethics as well as the laws, then look for a NRMLA member.
  Reply to ARLO

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