When Owner Occupant Dies and The Home Has a Reverse Mortgage

This is a situation many heirs are beginning to deal with, and it's important to know what can happen after the death of a loved one who had such a mortgage.

Simply put, an heir has options: 1) He or she can pay back the loan; 2) sell the home to pay back the current loan amount, and keep the remaining proceeds; 3) deed the home back to the lender; 4) let the lender foreclose.

But really, the last two options should only be options when there is no equity left in the home, because why would an heir want to walk away from a potential sale and receive the remaining equity?  The first option may work for some people, if they have the ability to refinance with their own mortgage, thereby paying off the reverse mortgage.  But if an heir doesn't have the desire or financial ability to keep the home with a new loan, the remaining option is to sell the home.

Most original loan documents give a year to dispose of the property, but in practice, HUD will find out when the borrower passes away, and a due-and-payable notice will go out to the heirs giving them an opportunity to decide what to do. An appraisal may be required within 30 days, and a longer time period may be allowed for the heir to decide whether they're selling or staying.
It's a huge mistake to ignore this letter, because if 6 months passes by after the issuance of that letter, the home may be foreclosed on.  In California, from the initial filing of the foreclosure, there is another 121 days after which time the foreclosure is complete, and the heirs have now lost the home.

So the desirable situation is for the heir to keep in touch with the lender, answer their questions and get the home prepared for sale.  The lender really doesn't want to file foreclosure, they will only take the home back when they have no other choice, it's a cost to the lender, and they are not in the business of acquiring homes. So the lender will probably be very willing to work with an heir who plans on listing the home and getting it sold. That also sounds simple, but preparing the home for sale in order to get the best price may require pre-marketing work because an aged occupant may not have kept up maintainence, repairs, or upgrades for many years.  Be prepared for this, but it will be worth it for the heir if they stand to recoup a sizeable amount from the sale, i.e., what if the last statement balance on the mortgage was around $450,000, but the house is worth $750,000! A Realtor's job in this instance is to guide you through the preparation and actual sale of the home. See more information here.

If you need a Realtor to help you determine the value of a home with a reverse mortgage, please contact me right away, because time is of the essence! I have been helping clients with residential real estate since 1994.

Julia Huntsman, REALTOR, Broker | www.juliahuntsman.com | 562-896-2609 | California Lic. #01188996