Skip to content
The Robin Bird Team -The  No Pressure Realtors. eXp Realty of California, Inc. CA DRE#01878277
Menu
  • Robin’s Blog
  • About
  • Home Search
  • Instant Home Values
  • Contact Us
Menu

Non-Borrowing Spouses on Reverse Mortgages May Be Able to Stay in Home After Borrowing Spouse Dies

Posted on August 20, 2018 by Robin Watson-Bird

FHA Mandate Allows Non-Borrowing Spouses to Remain in Their Home

When seniors are tight on money, they often turn to a reverse mortgage to help ease their finances. In cases where only one spouse is 62 or older, lenders will often still do the reverse mortgage and the non-borrowing spouse usually has to sign the loan document acknowledging the mortgage is being taken out. What many borrowers and non-borrowers don’t realize is that this will leave the non-borrowing spouse without a place to live once their spouse who got the loan dies! In my opinion, this should NEVER have been allowed to be the case. People in distress are turning to Reverse Mortgages for help only to have one of the spouses, the younger one, set-up to become homeless should the older spouse die first. I would argue that people who sign these loans are doing so under duress because they need financial relief and the lender is telling them that the only way they can get the loan is to get it without the younger spouse since that person is too young to qualify.

The good news is that FHA appears to have realized this terrible situation and it has tried to alleviate it with a mandate they put out in 2015 which states that Non-Borrowing Spouses on Reverse Mortgage May Be Able to Stay in Home After Borrowing Spouse Dies! Mortgagee Letter 2015-15 is the document that may help keep eligible non-borrowing spouses from being foreclosed on.

According to the Reverse Mortgage Daily, this change came about from many years of litigation of non-borrowing spouse plaintiffs.

As One Reverse Mortgage summed it up, “Certain eligible non-borrowing spouses may avoid foreclosure thanks to the new guidelines released by the FHA on Friday, June 12. According to the new guidelines, as released in Mortgagee Letter 2015-15, when a borrower passes away, a lender may choose to foreclose the home or use a Mortgagee Optional Election Assignment (MOE). The MOE further defers the repayment of the reverse mortgage for the non-borrowing spouse. In other words, non-borrowing spouses may have the opportunity to stay in their homes after their loved one’s passing.”

Of course, there  are criteria that have to be met for the Mortgagee Optional Election Assignment for Home Equity Conversion Mortgages (HECMs) with an FHA Case Number assigned prior to August 4, 2014

For cases that involve an Eligible Non-Borrowing Spouse and the FHA Case Number was assigned on or after August 4, 2014, there are additional eligibility criteria.

I am not going to kid you, the process is not as simple as just filling out a form. You may have to speak with a lender or someone else to help you make sense of all the terminology in the letter and to help you compile the packet you will need to submit, but don’t let that keep you from doing what needs to be done so you can keep your home. Think of it as compiling the information you would need to get a loan for your house because that is what it is. The task may seem daunting, but just take it step by step and you will get through it and hopefully come out with the mortgage assigned to you when you get to the end of the process.

Here is a link to an article by National Mortgage Professional Magazine to tell you more about it.

Hopefully in the future, they will allow currently “too young” spouses to be part of the Reverse Mortgage from the beginning so we don’t have people in these terrible situations.

 

Robin Watson-Bird, Ph.D. is a seasoned California Real Estate Broker and REALTOR based in Livermore CA who serves most of the Greater Bay Area and parts of the Central Valley.

Categories

  • Automotive
  • Careers
  • Community Events
  • FHA Loan
  • For Sale By Owner
  • foreclosure
  • Home Buyers
  • Home remodel ideas
  • Home Sellers
  • Home Values
  • Homes for Sale
  • Investors
  • Landlords
  • Legal Updates
  • Livermore Businesses
  • Livermore Short Sale
  • Loan Information
  • Loan Limits
  • Loan Modification
  • Lots and Land
  • Luxury Homes
  • Market Data
  • Million Dollar Listings
  • NACA
  • Real Estate Law
  • Rental Properties/ Renters
  • Reverse Mortgages
  • San Jose Realtor
  • SCAMS
  • Senior Information
  • Short Sale
  • Short Sale Processing
  • Taxes
  • Training
  • Uncategorized
  • VA Home Buyer
  • VA Loan

Tags

bay area forelcosure bay area homes for sale Bay Area Real Estate Agent Bay Area Short Sale Agent best bidder home sale Danville Homes for Sale Danville Real Estate Agent Danville Realtor Danville Short Sale Danville Short Sale Agent Dublin Real Estate Agent Dublin Realtor Dublin Short Sale Dublin Short Sale Agent East Bay Homes for Sale Experienced Real Estate Agent foreclosure Fremont Real Estate Agent Fremont Realtor Livermore Livermore CA Short Sale Livermore homes for sale Livermore Real Estate Livermore Real Estate Agent Livermore Realtor Livermore Short Sale livermore short sale agent Loan Modification Pleasanton Homes for Sale Pleasanton Home Values Pleasanton real estate agent Pleasanton Realtor Pleasanton Short Sale Agent Real Estate robin bird team Robin Watson-Bird San Ramon Real Estate Agent San Ramon Realtor Short Sale short sale expert The Robin Bird Team Tri-Valley Real Estate Agent tri-valley realtor Tri-Valley Short Sale Agent What's My Home Worth

Archives

  • July 2021 (1)
  • June 2021 (1)
  • May 2020 (1)
  • April 2020 (3)
  • March 2020 (2)
  • November 2019 (2)
  • October 2019 (2)
  • August 2019 (1)
  • March 2019 (1)
  • August 2018 (1)
  • June 2018 (1)
  • May 2018 (1)
  • November 2017 (1)
  • October 2017 (1)
  • September 2017 (5)
  • May 2017 (1)
  • April 2017 (1)
  • February 2017 (2)
  • January 2017 (1)
  • November 2016 (1)
  • September 2016 (2)
  • August 2016 (1)
  • July 2016 (1)
  • April 2016 (3)
  • March 2016 (3)
  • February 2016 (1)
  • September 2015 (2)
  • June 2015 (2)
  • April 2015 (2)
  • March 2015 (1)
  • December 2014 (2)
  • November 2014 (2)
  • October 2014 (1)
  • September 2014 (2)
  • July 2014 (1)
  • June 2014 (4)
  • May 2014 (1)
  • February 2014 (1)
  • January 2014 (3)
  • December 2013 (2)
  • November 2013 (1)
  • October 2013 (1)
  • September 2013 (1)
  • August 2013 (4)
  • June 2013 (3)
  • May 2013 (2)
  • February 2013 (4)
  • April 2012 (2)
  • December 2011 (1)
  • November 2011 (1)
  • June 2011 (1)
  • May 2011 (1)
  • March 2011 (3)
  • January 2011 (2)
  • December 2010 (5)
  • September 2010 (2)
  • July 2010 (1)
  • June 2010 (2)
  • April 2010 (1)
  • Robin’s Blog
  • About
  • Home Search
  • Instant Home Values
  • Contact Us
©2025 The Robin Bird Team -The No Pressure Realtors. eXp Realty of California, Inc. CA DRE#01878277 | Built using WordPress and Responsive Blogily theme by Superb