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      Housing in Later Life

      The Obligations That Remain After Borrowing

      The absence of a monthly payment persuades a great many borrowers that nothing further is required of them. Four obligations continue, each of them ordinary, and a failure on any one can convert an arrangement designed to last twenty years into a demand for immediate repayment.

      Housing in Later Life6 min readFederal lawReverse mortgages

      A long driveway leading toward the Joseph Jordan house in Isle of Wight County, Virginia
      The driveway to a house in Isle of Wight County, Virginia. — Nyttend, Public domain, source.

      The rule in short

      A reverse mortgage borrower must continue to pay property taxes and insurance, keep the property in reasonable repair, and occupy it as their principal residence. Failure on any of these is a default that can make the loan due and lead to foreclosure. Most defaults involve taxes or insurance and arise not from unwillingness but from confusion, illness or an absence that nobody thought to report to the lender.

      Borrowers describe these arrangements as loans that require nothing of them, and lenders' marketing does not go out of its way to correct the impression. The obligations are short, ordinary and enforceable, and they end more of these arrangements than anything else.

      The four obligations

      Property taxes. Paid when due, in full, which is the most common cause of default because the bills are periodic and easy to set aside unopened.

      Homeowner insurance. Maintained continuously at an adequate level, since a lapse leaves the lender's security uninsured and is treated seriously.

      Reasonable repair. The property kept in a condition that preserves its value, which becomes difficult for a frail borrower living alone and is one reason people move into the settings in what assisted living is and is not.

      Occupancy as a principal residence. Continuing, subject to a defined period of permitted absence, which is where hospital and care admissions cause difficulty.

      And any other charges on the property. Association fees, special assessments and similar obligations, which are frequently overlooked entirely.

      Why defaults actually happen

      Cognitive decline. A borrower who has stopped dealing with post reliably will stop paying periodic bills, and nobody notices until a lender writes.

      Illness or hospitalization. Which interrupts everything at once, and which can simultaneously threaten both the payment obligations and the occupancy requirement.

      Income shortfall. Where the loan proceeds have been exhausted and the taxes and insurance now exceed what the borrower can meet.

      Insurance lapses on renewal. Where a policy is not renewed, premiums rise sharply, or a carrier withdraws from an area and nothing replaces it.

      And nobody watching. Since there is no monthly payment to miss, so the usual early signal of financial difficulty simply does not exist here.

      ObligationCommon cause of failure
      Property taxesBills unopened or unaffordable
      Homeowner insuranceLapse on renewal or rising premiums
      Reasonable repairFrailty and cost
      Principal residence occupancyHospital or care admission
      Association chargesSimply overlooked

      Preventing a default

      Ask about a set-aside. At the outset, funding taxes and insurance from the loan, which removes the largest single cause of failure entirely.

      Arrange automatic payment. Where a set-aside is not available, so that periodic bills do not depend on somebody opening an envelope.

      Give a family member visibility. Of the tax and insurance position, which requires no authority and catches problems while they are still small.

      Notify the lender about absences. Promptly, so that a hospital stay is recorded as what it is rather than accruing against the occupancy period.

      And review annually. Since insurance costs and tax assessments both move, and an arrangement that was affordable at seventy may not be at eighty-two.

      A set-aside removes the largest single risk

      Where a portion of the loan is set aside at the outset to fund property taxes and insurance, the obligations that cause most defaults are met automatically for as long as the set-aside lasts. It reduces the amount available to the borrower, which is why it is not always suggested, and it addresses the single most common way these arrangements fail. Anybody entering one should ask about it explicitly rather than waiting to be offered it.

      If a notice arrives

      Act the same week. Since the options available narrow sharply once proceedings begin and are widest in the first weeks after a notice.

      Ask what will cure it. Specifically and in writing, since a repayment arrangement for unpaid taxes is frequently available and rarely offered unprompted.

      Check for assistance programs. Since many jurisdictions operate property tax relief or deferral schemes for older homeowners that nobody had mentioned.

      Take advice. Because foreclosure here is a defended process with real options, and because the loan structure in how a reverse mortgage works affects what those options are.

      And check the occupancy position. Particularly where the borrower is in hospital or a facility, on the analysis in who may stay when the borrower leaves.

      What families should do

      Know the arrangement exists. Since a substantial number of families discover a reverse mortgage only after a death, on the terms in how a reverse mortgage works.

      Know where the documents are. Along with the lender's details, since a family that cannot identify the lender cannot deal with anything.

      Watch the periodic bills. Taxes, insurance and association charges, which is a small monitoring task with a very large downside if it is skipped.

      Deal with absences immediately. Since occupancy is the obligation most likely to be breached without any decision being taken by anybody.

      And plan for repayment. Because the loan becomes due on a defined event and the family will have a limited period to decide what to do about the property.

      The absence of a monthly payment is the feature that sells these arrangements and the reason their obligations go unnoticed. There is no regular event to remind anybody that anything is required.

      The obligations themselves are entirely ordinary: taxes, insurance, upkeep and living in the house. What is not ordinary is the consequence of failing one, which is that a twenty-year arrangement becomes immediately repayable.

      Taxes and insurance cause most defaults, and they do so because they are periodic. A borrower whose health has declined stops dealing with post long before anybody realizes, and there is no missed payment to signal it.

      A set-aside addresses that risk almost completely and is worth asking about at the outset, since it reduces the amount available and removes the commonest way these loans end badly.

      Occupancy is the obligation most likely to be breached without anybody deciding anything. A fall, a rehabilitation stay and a move into care can consume the permitted period while the family is thinking about something else.

      Family visibility is the cheapest protection available. It requires no authority, no documents and no difficult conversation beyond asking whether the tax bill has been paid.

      Where a notice does arrive, the first weeks matter. Repayment arrangements, tax relief programs and set-asides are all more available then than after proceedings have started.

      And families should know the arrangement exists at all, because a surprising number find out only when a lender writes to an estate about a balance nobody knew about.

      That discovery is worth avoiding for a reason beyond the surprise. When the loan becomes due, the family has a defined and limited period to repay it, sell the property, or hand it over, and the clock runs from an event rather than from the moment anybody found out about it.

      A family that knew about the arrangement can decide calmly whether the house is worth keeping and arrange finance if it is. A family that discovers it three months into that period is frequently left with no realistic option except a sale in a hurry.

      None of that requires anybody to disclose their finances in detail. Telling one adult child that a reverse mortgage exists, and where the paperwork is, covers essentially all of it and takes a single sentence.

      Points to carry away

      • Property taxes and insurance must continue to be paid.
      • The property must be kept in reasonable repair.
      • Occupancy as a principal residence must continue.
      • Failure on any obligation can trigger repayment.
      • Most defaults arise from confusion rather than refusal.

      Questions readers ask

      Which obligation causes the most defaults?

      Property taxes and homeowner insurance, by a wide margin. They are annual or periodic rather than monthly, they arrive as letters that can be set aside, and a borrower whose cognition or health has declined may simply stop dealing with them without anybody noticing. In many arrangements a set-aside can be established at the outset, funding these costs from the loan itself, which removes the risk almost entirely. It is an option worth asking about specifically because it addresses the single largest cause of failure.

      What counts as failing the occupancy requirement?

      The property must remain the borrower's principal residence. A defined period of absence — commonly around a year — can trigger repayment, and the clock does not distinguish between a holiday, a hospital admission and a permanent move into care. A borrower who goes into rehabilitation after a fall, then into a facility, and never formally decides anything can breach the requirement without any decision having been made. Notifying the lender and understanding the period is what prevents that.

      What happens if a default occurs?

      The lender is generally required to notify the borrower and to offer an opportunity to cure, which may include a repayment plan for unpaid taxes or insurance. Where the default is not cured, the loan becomes due and foreclosure may follow. Acting immediately on the first notice matters enormously, because options that exist in the first weeks — a repayment arrangement, a set-aside, assistance programs for property taxes — narrow considerably once proceedings begin.

      Sources

      1. Legal Information Institute — Reverse Mortgagelaw.cornell.edu
      2. Legal Information Institute — Foreclosurelaw.cornell.edu
      3. Legal Information Institute — Defaultlaw.cornell.edu
      4. 12 U.S.C. § 1715z-20 — Insurance of home equity conversion mortgageslaw.cornell.edu
      5. Legal Information Institute — Escrowlaw.cornell.edu
      6. Legal Information Institute — Mortgagelaw.cornell.edu

      Silverline Legal Notes is a publication, not a law firm. This article states general rules and cites its sources; it is not advice about any particular case, and the law differs by state and changes over time.

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