Monday, August 12, 2013

A reverse mortgage horror story, or is it?

From the Asbury Park Press, a story about a reverse mortgage that went bad, not for the homeowners, but their heirs. As the article set out below explains, reverse mortgages have benefits for elderly homeowners.  But they do have downsides as far as costs are concerned, and the heirs who believe they're getting the homestead after mom and dad's deaths.  While the following tale is cautionary, I sense there is more here than meets the eye.  Read on below.

For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us. We can help. Located in Fairfield, NJ, we are the title insurance agent that does it all for you.
For your next title order or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow AT vested.com

Written by Michael L. Diamond @mdiamondapp Aug. 10, 2013 7:50 PM

REVERSE MORTGAGES

For Felix and Mary Jane Crincoli, the reverse mortgage was a lifeline that allowed them to stay in their Point Pleasant Beach home. After they died, their children have found only a weight pulling them down.

The home itself was damaged by superstorm Sandy. The lender began to foreclose and the family has been locked out. And they wonder in hindsight if their parents had all of the information they needed before agreeing to the loan.

“I’m still grieving my parents here,” Philip Crincoli, 55, of Point Pleasant, said after receiving yet another notice from the lender’s attorney to pay a whopping amount to put the issue to rest. “Nobody is saying, ‘I’m sorry about your mom and dad.’ It’s just, ‘Give us the money.’ ”

President Barack Obama on Friday signed a bill that will tighten regulations on reverse mortgages, a product that became popular in the last decade for seniors who lived longer, depleted their other assets and wanted to stay in their homes.

It comes as the government absorbs insurance losses from the reverse mortgage program, which experts tout as one that can be beneficial to many older homeowners. But as the Crincolis show, it also comes with cautionary tales.

“We do hear stories where the product did not work out or they did not have a clear understanding of the terms. That’s always a challenge,” Ramsey Alwin, senior director for the National Council on Aging, a Washington, D.C., group that provides financial counseling. “For others, it can be a lifeline.”

Essentially a loan

A reverse mortgage –or a home-equity conversion mortgage, as the government calls it –is essentially a loan offered to homeowners 62 and older. Borrowers can receive payments in a variety of ways –a lump sum, monthly installments or they can draw on it as needed. And the lender is paid back from the proceeds of the sale of the home, either when the homeowner moves or dies.

Their heirs aren’t personally responsible for the debt. If they inherit the house and want to keep it, however, they would need to pay off the debt or refinance.

If the home is worth less than the loan –not unusual in the aftermath of the housing bubble’s collapse –the difference is made up by the government through a Housing and Urban Development insurance fund.

Reverse mortgages typically have higher fees and interest rates than home equity lines of credit. But borrowers don’t have to meet income and credit requirements, and, while they are responsible for property taxes and insurance, they don’t need to repay the loan as long as they live in the home.

“For some, a (home-equity line) will be too much of a crunch on their monthly cash flow,” said Darryn Murdoch, a reverse mortgage consultant with Parsippany-based Maverick Funding, a mortgage lender.

A lifeline is what the Crincolis hoped for. They bought their Carter Avenue house in 1960 for $12,000 and paid it off. But as they got older, the expenses piled up –taxes, insurance, medical bills. And the nest egg Felix Crincoli built through his optometry practice dwindled.

Not wanting to downsize, they took out a $550,000 reverse mortgage –payments of $18,000 a month –in June 2009 from Financial Freedom, a company that used actor James Garner in commercials to pitch “a safe, easy way to quickly turn your home equity into tax-free money.”

Troubles with the deed

Technically, Mary Jane Crincoli was the borrower since hers was the only name on the deed. In hindsight, that was a mistake. She died two years later at the age of 89, making the loan due. If they both had been on the deed, Felix Crincoli could have stayed put.

“That was never explained,” Philip Crincoli said. “That should have been explained.”

The Crincolis moved their father to an assisted living center in Menlo Park and put the home on the market to repay the $300,000 or so their parents had borrowed. And they thought they had a buyer in place, but Sandy swept through last October, leaving five feet of water in the house. The deal fell apart. Their father died two months later.

Financial Freedom was closed down in 2011 by its parent company, OneWest Bank, based in Pasadena, Calif., Reverse Mortgage Daily, a trade publication, reported. The bank said it would continue to service existing loans. It didn’t respond with a comment before deadline.

Philip Crincoli said the family is in a bind. It offered to sign over the deed instead of going through foreclosure. And it offered to let the bank keep the more than $100,000 in insurance proceeds it received for damage caused by Sandy. But the bank hasn’t budged; it began foreclosure proceedings, Crincoli said.

The tipping point came last month when lawyers for the bank sent Philip Crincoli, his brother and sister a letter demanding $938,000 –an amount they couldn’t fathom.

“It’s not our debt,” Philip Crincoli said, thinking the amount must have been a mistake.

Keeping up with costs

Home-equity conversion mortgages paint something of a grim picture –a sign that seniors, like their younger counterparts, had few places to turn to in the last decade to keep up with the rising cost of living, other than their home.

The number of HECMs during the 2000s grew 17-fold, from 6,637 nationwide in 2000 to its peak of 114,639 in 2009. They slowed after the recession to about 51,000 last year, according to the U.S. Department of Housing and Urban Development.

Since the government-approved products are insured by the Federal Housing Administration, the FHA itself is on the hook, making up the difference if the value of the home isn’t enough to repay the loan. The government has paid more than $70 billion in insurance, and an actuarial review last November of the insurance fund found that it had an economic value of negative $2.8 billion.

It prompted Congress to pass a law, signed on Friday, that, among other things, would require applicants to go through a financial assessment and restrict the amount borrowers can withdraw immediately.

How best to approach this product?

Consider other savings to find extra income. Borrowers before receiving a reverse mortgage are required to visit an independent financial counselor. It’s a process that can help them consider aid programs available to seniors that could help them cut their expenses, free up income and avoid what amounts to taking on more debt.

In the meantime, while the idea of reverse mortgages may be straightforward, the number of options on how to take the money, along with the interest rates and fees involved, “can be confusing and overwhelming,” Alwin from the National Council of Aging said.

Consider other products such as home-equity lines, which have lower interest rates and up-front costs.

“The negative is you have to pay back the interest right away,” said John Callinan, a Wall-based attorney who specializes in elder law.

Make sure your spouse and heirs are on board. HUD in 2011 tightened a regulation to ensure that a borrower’s spouse needed to get counseling, too, even if he or she didn’t sign for the loan. It’s an attempt to ensure homeowners know the loan is due if the borrower dies. But even that might not be enough.

“It’s always good to have another set of eyes and ears listening in when you’re learning about it,” Murdoch, from Maverick Funding, said. “When you’re sitting down, it’s good to have a family member and trusted adviser to hear about how the loan works because it can be complicated. I just think that’s a good practice.”

 
Sphere: Related Content

No comments: