Do Credit Markets Watch the Waving Flag of Bankruptcy?   Liberty Street Economics

Personal bankruptcy is surprisingly common in the United States. Almost 15 percent of the U.S. population has filed for bankruptcy sometime over the past twenty-five years, based on my calculations using the New York Fed Consumer Credit Panel/Equifax (CCP). In 2015, roughly 800,000 debtors filed for bankruptcy, according to court records, representing 0.64 percent of U.S. households. One of the consequences for filers is a mark on their credit report—a bankruptcy “flag”—which indicates that the consumer has filed for bankruptcy.

This bankruptcy flag is visible to creditors and, according to the credit bureaus, hurts filers’ credit scores. To limit these effects, the Fair Credit Reporting Act restricts the length of time that credit bureaus can fly these flags on reports for each (personal) bankruptcy chapter: the flag for Chapter 7—in which debtors get a full discharge of (unsecured) debts after unprotected (non-exempt) assets are liquidated—must be removed after ten years, while the flag for Chapter 13—a partial debt repayment bankruptcy designed to help people keep their homes—is typically removed after seven years. For economists, the fixed timing of the flag removal (and the difference across bankruptcy chapters) gives us a laboratory to explore how the lifting of bankruptcy flags affects borrowers’ credit scores and credit outcomes, by comparing these outcomes directly before and after flag removal…

Source: Do Credit Markets Watch the Waving Flag of Bankruptcy?   Liberty Street Economics

Purchase or Refinance During a Chapter 13 Bankruptcy

Chapter 13 Plan

Chapter 13 Plan

This post is written for folks currently in a Chapter 13 Plan. It is also helpful for those contemplating filing a Chapter 13 Bankruptcy Reorganization Plan. This post is also helpful for those recently Discharged from Chapter 13. A mortgage refinance or a home purchase, while still in a Chapter 13 bankruptcy, is possible; it is also a complicated financial and, legal transaction. To do this requires a highly specialized mortgage professional experienced with both FHA lending rules and Chapter 13 bankruptcy as well as local court rules.

The Chapter 13 Payment

One of the most important things to understand is the importance of on-time Chapter 13 Payments to the mortgage underwriting process. I strongly encourage you to read this: The Chapter 13 Payment. Your Chapter 13 Trustee payment is given the exact consideration as your housing (mortgage/rent) payment in underwriting. From the underwriting perspective, one thirty-day late payment of either the mortgage or Chapter 13 Trustee payment will sink your prospects of getting mortgage loan approval for at least a year. Mail your payment early or set your on-line bill pay or direct payment to the Trustee so that you always know your payment has had time to get to the Trustee’s office and be posted by the staff at that office. Too many times, on review of the Chapter 13 Payment history, we find a payment was posted on the 2nd day of the month. One day counts as a late payment. An experienced mortgage lender can help you check your Chapter 13 payment history in real time.

Mortgage Choices for Chapter 13 Debtors (purchase or refinance)

The only mortgages available, either for refinance or purchase, for those in a Chapter 13 Plan are those insured or guaranteed by the Federal government. These mortgages are either: insured by FHAguaranteed by VA or the USDA. Each

Any mortgage so long as it’s FHA, VA or USDA.

of these home loans are underwritten with the same guidelines as set forth in the FHA Handbook. How does a bankruptcy affect a borrower’s eligibility for an FHA mortgage? From the FHA Handbook:  “A Chapter 13 bankruptcy does not disqualify a borrower from obtaining an FHA mortgage provided the lender documents that one year of the payout period under the bankruptcy has elapsed and the borrower’s payment performance has been satisfactory (i.e., all required payments made on time). In addition, the borrower must receive permission from the court to enter into the mortgage transaction.*”  Most underwriters will consider the Chapter 13 Trustee’s approval as permission from the court.

Application to Incur New Debt

To get underwriting approval for a Chapter 13 Debtor to refinance the Chapter 13 Trustee (in Colorado) or the Judge must approve your application to incur new debt. Contact your attorney to determine how and when to best proceed, or not. There are situations when it may not be in your best interest to purchase or refinance while in Chapter 13. This is a process which you can only do with the advise and assistance of your attorney. Your attorney must prepare the financial statements to submit to the Trustee in order for authority to be granted for a lender to offer new credit. Your mortgage loan originator should be able to assist your attorney in completing the Application to Incur New Debt.

Mortgage Refinance After Chapter 13 Discharge?

Yes. One may refinance or purchase within 2 years following the Discharge. BUT, it is easier to get approved for a mortgage while still in Chapter 13. This is because, following Discharge, a manual underwrite is mandated. Few lenders are willing to take the risk of not having the safe harbor provided by Automated Underwriting. Begin reestablishing good credit as soon as your Chapter 13 Plan is confirmed and continue this discipline while your case is still open so by the time your Discharge enters, you have solidly reestablished good credit.

Two years following Discharge, with reestablished credit, one may qualify for a conventional or Qualified Residential Mortgages (QRM) to purchase or refinance a home loan.

Preliminary Requirements for Purchase or Refinance While in Chapter 13

  • Twenty-four months of current housing payments with no 30-day late payments and, the likelihood of the income continuing for at least three years.
  •  Two years IRS Returns showing your income is sufficient to pay the mortgage as well as your Chapter 13 payment and any debt not included in the bankruptcy payment.
  • Minimum middle FICO Score of 620 . Most will need to practice what I’ve previously posted as FICO  101a, 101b and 101c for several months prior to making a successful application for mortgage credit.
  • For anyone with a fear of having credit make time to read both Credit: Use It to Build It (Part 1) and Credit: Use It to Build It (Part 2).
  • Begin rebuilding your credit as soon as your Chapter 13 Plan is Confirmed/Court Approved; this is when your property has been revested to you.
  • The maximum limited-cash out loan to value on an FHA appraisal is presently 95% – Refinance.
  • The minimum down payment is 3.5% of the purchase contract or appraised value whichever is less. – Purchase
  • The maximum Debt to Income Ratio is 45%. This is pushing the envelope. While in Chapter 13, it is mandatory to have Court approval (in Colorado, the Trustee approval suffices) to obtain a mortgage.

There is more detail to this process than can reasonably be discussed herein but this is the essence of purchasing or refinancing while in Chapter 13.

*Reference: FHA Handbook 4000.1 II.A. 5.a.iii (H)(2)(3).

Disclaimer: This article does not represent that any of the information provided is approved by HUD or FHA or any US Government Agency.

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Financially Speaking™ James Spray, RMLO, CNEFICO Pro |  CO LMO 100008715 | NMLS 257365 | November 1, 2010 – Revised May 2, 2018 | Copyright 2010-2018
Notice: The information on this blog is opinion and information. While I have made every effort to link accurate and complete information, I cannot guarantee it is correct. Please seek legal assistance to make certain your legal interpretation and decisions are correct. This information is not legal advice and is for guidance only. You may use this information in whole and not in part providing you give full attribution to James Spray.

Credit: Use It to Build It (Part 2)

believe-in-yourself_ www.buzzle.com

 

 

 

 

 

 

As discussed in Credit: Use It To Build It -Part 1, it is essential to qualify for and properly use credit in order to have credit. A thin credit file does little good to help one build or rebuild credit. Thin credit is described as a file lacking in length and depth of credit history. Thin is not a good thing in the credit sense.

The length of a credit history is a matter of time. A short credit history may have accounts that have been open for a matter of months or one or two years. A long credit history may span decades because open, active accounts remain indefinitely.

The depth of a credit report is an issue of the number and types of accounts you have. A credit history with only one or two accounts will likely be considered thin, even if it spans many years. A “thick” file would have several accounts of different types. For example a credit history could include credit cards, installment loans and a mortgage.

The Basics

Let’s start with the basics, understand the mechanics of the FICO Pie Chart as well as the art and science of Rebuilding Your Scores. Credit scores are not a big mystery; they are simply a measure of the information reported to the credit reporting agencies by your creditors. Learn about your credit reports control that which you can as to what is reported and your credit scores will follow.

Credit Score Facts

On credit scores, how do they work? What you can do to raise your scores is discussed in this blog. It is necessary to understand there is a difference in the credit scores one may obtain for free via the Internet. These are not the scores used by lenders. They may not even be close to those used by lenders. In this blog we discuss the difference between what we call FICO or FAKO Scores?

Join a Credit Union

Not just any credit union will do. Some credit unions are so large they act more like a bank than a credit union. To learn a little more about credit unions and to find one you can join, read our blog titled: Credit Union Power. This is a key step to reestablishing your credit. Once you’ve become a member, ask for help to set up a $500 secured installment loan. Next, utilizing some of your savings, as much as possible, set up a secured credit card account and use it properly.

Beginning Anew or New?

Whether beginning from scratch as a young person with no credit or whether starting again, the tasks are quite similar. Read through both Part 1 and Part 2 of these blogs to learn more of what to do and not do as you begin this new journey. If you have a family member with excellent credit, read and share this blog on this which we call inherited credit. You have the opportunity to learn about how it works and how it doesn’t work.

Credit Utilization

Anyone who uses credit cards could have high utilization, particularly those which pay off their balances in full each month. This is because balances are often reported to the credit bureaus mid-billing cycle. So if you have a $5,000 limit and you charge $4,000 in a month, you could be reportedly utilizing 80% of your available credit. The result is most often dramatically reduced FICO™ Scores.

We wish you success!

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Financially Speaking  James Spray, MLO, CNE, FICO Pro
CO LMO 100008715 | NMLS 257365 | September 21, 2014
 
Notice: The information on this blog is opinion and information. While I have made every effort to link accurate and complete information, I cannot guarantee it is correct. Please seek legal assistance to make certain your legal interpretation and decisions are correct. This information is not legal advice and is for guidance only. You may use this information in whole and not in part providing you give full attribution to James Spray.

Credit: Use It to Build It (Part 1)

 

Fear

Embarrassed: Believes No One Will Grant Credit

My very good friend, we’ll call him Ramsey (not David), does not use credit. Mind you, he’s not just a simple follower of some nameless cult leader advocating that no one should ever use credit. Ramsey’s a regular fellow, professional, married with grown children and grandchildren, too. Ramsey simply does not use credit and has not used credit in the past 8+ years. The only credit he’s had in the past several years is bad credit due to medical bills. These are the type of medical bills CFPB studied and recently discussed. These are the medical bills which have ruined credit for so many for so long. This is compounded if one is not offsetting the bad credit with good credit. And he wonders why he has such poor credit scores. One must use credit to get credit for using credit.

Fear of Credit

Tips for overcoming credit phobia – Although you intellectually understand that using a credit card is beneficial, you might still have emotional concerns. Perhaps you misused or didn’t understand how to use and not use credit when you were younger. Perhaps you had a bad experience. Start over and don’t make the same mistakes, you’ve learned what not to do.

The good news is that you can take steps to get more confident about the proper use of credit.

Check your attitude and thinking – One reason people overspend with credit cards is they are thinking incorrectly. Internalize the idea that credit cards provide short-term loans. When you swipe your card, you’re borrowing money – and you’ll have to pay it back. Plastic isn’t free money or additional income. And it does not replace income.

Confront your fear – Ignorance breeds fear, so the best way to overcome a fear of credit cards is to become more educated about them. The Board of Governors of the Federal Reserve System put together this wonderful guide to help you learn more about credit cards.

Make a budget – The best way to keep your spending under control is to make a plan for how you’ll use your funds. Be realistic about your budget and stick to it. You can use this budget form from Google for free. TIP: The most restrictive budgets usually fail.

Track spending by keeping receipts – After setting up a budget, keep tabs on how you’re doing by tracking your spending. You can use online banking or any other method you’re comfortable with, just do it.

Sign up for alerts – Most credit card issuers give you the option to set up text or email alerts to be reminded of billing due dates, your current balance, etc. Even though you’re keeping track on your own, setting up an alert adds an extra layer of protection against overspending or not timely paying.

Learn the facts –. Do not let your in-use credit be more than 20% of the available credit, ever. Better is to have no more than 10% of your credit limit in use as you are building or rebuilding your credit reputation. To learn more click and read this and then this.

Next, we heartily suggest you read: Credit: Use It to Build It – Part 2

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Financially Speaking™  James Spray, MLO, CNE, FICO Pro
CO LMO 100008715 | NMLS 257365 | September 19, 2014 | Revised March 31, 2018

 Notice: The information on this blog is opinion and information. While I have made every effort to link accurate and complete information, I cannot guarantee it is correct. Please seek legal assistance to make certain your legal interpretation and decisions are correct. This information is not legal advice and is for guidance only. You may use this information in whole and not in part providing you give full attribution to James Spray.

FNMA Updated Bankruptcy, Foreclosure, and Short Sale Policies

A view shows the Fannie Mae logo at its headquarters in Washington

Fannie Mae updated its policies regarding significant derogatory credit events, which in some cases allows more borrowers to reenter the housing market. These updates are reflected in the embedded chart: How long after bankruptcy or foreclosure must you wait to get a mortgage?

  1. Waiting Period for Mortgage Debt Discharged Through Bankruptcy

The borrower is now held to the bankruptcy waiting period (4 years) and not the foreclosure waiting period (7 years). This is true even if a foreclosure action is subsequently completed to reclaim the property in satisfaction of the debt. This is a significant and favorable change. From the FNMA underwriting guidelines [B3-5.3-07, Significant Derogatory Credit Events — Waiting Periods and Re-establishing Credit (08/07/2019)]: “Foreclosure and Bankruptcy on the Same Mortgage If a mortgage debt was discharged through a bankruptcy, the bankruptcy waiting periods may be applied if the lender obtains the appropriate documentation to verify that the mortgage obligation was discharged in the bankruptcy. Otherwise, the greater of the applicable bankruptcy or foreclosure waiting periods must be applied.

[At this time FHA/VA/USDA require a two year waiting period following discharge and a three year period post-foreclosure.]

  1. Short Sale or Deed-in-Lieu Waiting Period

The waiting periods are being updated to establish a standard four year waiting period, with a two year waiting period permitted providing a borrower has extenuating circumstances*.

[FHA/VA/USDA require a three year waiting period following Short Sale or Deed-In-Lieu.]

  1. Mortgage Debt

As a new policy, charge-offs of mortgage accounts now require a four year waiting period following this derogatory credit (two years if the borrower can demonstrate extenuating circumstances*).

Number one became effective July 29, 2014; two and three are effective for mortgage loans with applications dated on and after August 16, 2014.

How do you know if Fannie Mae owns/owned your mortgage? Click on FNMA Loan Lookup.

Based on past experience, it will take time for the mortgage origination industry to catch up with these new policies. Further, it is likely that some will not accept these policies within their own underwriting guidelines.

*Given the reliance on automated underwriting for compliance purposes, few lenders will delve into the perceived risk of manually underwriting extenuating circumstances for fear of losing the QRM safe harbor. QRM standards were implemented on January 10, 2014. The vast majority of lenders are staying squarely inside the New Rules box, so to speak.

Reference: Fannie Mae  Selling Guide Announcement SEL-2014-10

Image Credit: Reuters/Jonathan Ernst

Financially Speaking™  James SprayMLO, CNE, FICO Pro
CO LMO 100008715 | NMLS 257365 |August 10, 2014 | Updated September 5, 2020

Notice: The information on this blog is opinion and information. While I have made every effort to link accurate and complete information, I cannot guarantee it is correct. Please seek legal assistance to make certain your legal interpretation and decisions are correct. This information is not legal advice and is for guidance only. You may use this information in whole and not in part providing you give full attribution to James Spray.

A Bankrupted Second Mortgage Can Foreclose

Sleeping dragon

Be aware, sleeping dragons can awaken.

The second mortgage can foreclose even after the Promissory Note was eliminated with a Chapter 7 Bankruptcy Discharge. Quite simply, the second mortgage initiates the foreclosure process under the rights of the second mortgage Trust Deed subject to the rights of the first mortgage trust deed.

By foreclosing under these circumstances, the holder of the second mortgage, following a specific legal action starting with the posting of a three day notice, may evict the residents. Should one be threatened with a three day notice to quit the property, you may wish to immediately call your attorney as this is a serious invitation to professionally negotiate a short settlement immediately.

By way of background, once the payments to the second mortgage aren’t made, the mortgage is in default. The mortgage holder has four separate options to protect its interest. First, it can do nothing and sit on its rights. Second, in Colorado, it can initiate a Public Trustee foreclosure. Third, it can file for a judicial foreclosure, although this rare in Colorado. Fourth, it may buy-out the first deed of trust and thereby perfect its position. If the junior (second) mortgage selects either the second or third option, it is most likely that the first deed of trust will also foreclose.

The Basics

A mortgage consists of two legal documents: the Promissory Note and the Deed of Trust or Trust Deed (TD). The second TD lives on, in virtually all cases, following the Chapter 7 Discharge.

Equity is returning to many real estate markets throughout the country. Among the markets enjoying substantial equity growth are several areas in Colorado, particularly along the Front Range as well as many mountain and resort counties.

Statute of Limitations

The Statute of Limitations (SOL) on a second mortgage is 15 years following the original due date; however there are exceptions and particular legal nuances which apply to this SOL. To determine how the SOL may or may not apply to a particular set of facts, you are advised to consult with legal counsel well versed with both bankruptcy and real estate law. One needs to understand that TD that has been written off continues to be a collectible debt for so long as the SOL hasn’t run the term. Written off is merely an accounting term, nothing more or less. Written off is not a ‘get out of debt free’ card.

The Short Payoff

Let’s discuss possible solutions to this situation which is becoming more common as equity returns to certain real estate market.

A short payoff occurs when a borrower cannot pay the mortgage on the property and is allowed to sell the property for less than the full amount due. This results in a loss to both the lender/servicer and the investor. All parties must agree to the mortgage being paid “short”. Providing there is a ‘make sense deal’, the lender will do this so as to avoid the expense and time of the foreclosure process. Given there are several parties involved in this decision making process, reaching consensus can take quite a lot of time – often months.

Short Payoff Settlement -Financial Negotiation

Typically the least successful negotiator is the one with an emotional involvement in the negotiation. The saying, often attributed to Abraham Lincoln, describes this situation quite well: “A person who represents himself has a fool for a client.”

This is a business transaction which may involve disclosing your income, assets, liabilities as well as proof of your ability to pay a certain amount to obtain a Release of the Trust Deed. It is suggested that by having a well prepared Comparative Market Analysis coupled with a professional Home Inspection Report to submit with your proof of ability to pay will be beneficial to reach a decision. You may expect the lender/servicer will pull a credit report in addition to thoroughly investigating your request for a short payoff settlement. They must and will investigate and verify who you say you are and your circumstances. Short Payoff Fraud is of great concern to lenders and investors alike which explains, to some degree, how difficult these negotiations can be.

Short Payoff Settlement – Hardship Negotiation

Hardship criteria include: involuntary unemployment; divorce; long-term disability; a change of employment that is more than 50 miles from the current home; a business failure; death of the primary or secondary wage earner; or a natural or man-made disaster.

I had the opportunity to assist a senior couple negotiate a hardship short payoff on a “written off” second mortgage last year. This second mortgage had been discharged in a 2011 Chapter 7 and had been “written off” a few years before the bankruptcy case was filed. The principle balance due on this second was $55,000.00; the final settlement to Release the Trust Deed was just under $7,000.00.

From the time this negotiation process began until it was successfully completed took 220 days. The hardship in this situation was long-term disability with both borrowers. We documented both of their hardships with letters from their physicians as well as photographs and x-rays documenting specific medical procedures. Finally we documented their ability to pay the negotiated short payoff by providing evidence of the gifted funds in a bank checking account.

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Financially Speaking™  James Spray, MLO, CNE, FICO Pro | CO LMO 100008715 | NMLS 257365 | April 15, 2014

Notice: The information on this blog is opinion and information. While I have made every effort to link accurate and complete information, I cannot guarantee it is correct. Please seek legal assistance to make certain your legal interpretation and decisions are correct. This information is not legal advice and is for guidance only. You may use this information in whole and not in part providing you give full attribution to James Spray.

The Chapter 13 Payment

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That which matters is when your payment is posted to your account in the moth it is due. For example, if the payment is due in December, it must be posted in December.

While your Chapter 13 payments are not reported to the credit bureaus, when you apply for a mortgage (refinance or purchase) while in a Chapter 13 Plan or within two years of your bankruptcy Discharge, your Chapter 13 payment history will be reviewed by the underwriter. This review will consider your Chapter 13 payment with the same weight as a mortgage payment.  Just one 30-day late payment will disqualify an otherwise approvable loan applicant.

Exactly What Is A 30 Day Late Payment?

To illustrate, let’s say your payment is due on December 25th. Your payment has always been made on the 25th. In fact, your November 25th payment was received by the Trustee and posted in November as it was since your first payment. However, your December 25th payment was not posted until January 2nd. Oops, you now have a 30-day late payment.

The Payment Was Sent the Same Day as Always

We understand. However, the underwriting guidelines do not understand accidental, postal or electronic delays. Indeed, the system can be harsh. Being armed with this knowledge allows you to plan for the unexpected.

Rehabilitation Expectation – Minimum of 12 Months On-Time Payments

A minimum of twelve consecutive months of on-time payments immediately prior to applying for mortgage credit is essential for approval. This supposes that all payments have been posted on time with the Trustee’s office. However, there can be an exception of a 30-day late during the payment period so long as that isolated incident is not within the last twelve months. The exception of a 30-day late payment or an interruption of on-time monthly payments must be documented and sourced as completely outside the control of the debtor.

The Blizzard Made My Payment Late

A few years back, one of my prospective Chapter 13 home buyers diligently worked to get into a position to be approved for a new home loan. By way of background, at the time he lived in a cabin at St Mary’s Glacier. That year, there was a particularly severe snow event which left my prospective client snow-bound for several days. Still, his payment to the Trustee was only one day late. We argued that this was an Act of God and entirely out of my prospective client’s control. This held no sway with the underwriter and my prospective borrower was not approved. In the interest of full disclosure, this prospective client had another 30-day late payment about 15 months prior to the blizzard. The ‘Act of God’ defense might have worked had the previous late payment not been of record.

Automatic Bill Pay – Be Aware

Those of us that use on-line bill pay through our credit union or bank love the convenience. No stamps, no envelopes and no checks are but a few of the nice features. While in a Chapter 13 bankruptcy repayment plan, set your payment date early enough so there is sufficient time for the Trustee’s office to 1) receive your payment and 2) post your payment. Be aware of Federal holidays and back your payment date up a couple of extra days to make sure you never have a Chapter 13 late payment.

The Trustee’s Staff Said a Late Payment Is OK

We understand. While a single late Trustee payment (or two) will generally not cause for a Chapter 13 to be problematic or Dismissed, keep in mind, the Trustee is not your mortgage loan originator or mortgage lender.

The Trustee said it is ok do pay my Plan payments ahead of time. Talk to your attorney, this could be a problem.

What Is the Take Away of This Post?

For those with payments due to be in the Trustee’s office near the end of the month, we strongly suggest that you mail your payment a few days early every month to help ensure the payment is posted in a timely manner. Better yet, set the bankruptcy payment to be made via payroll deduction. If payroll deduction is not available, schedule an automatic monthly payment via your on-line banking.

Unpaid Mortgage Payments Can Cause a Discharge to be Denied

As discussed above, on time mortgage and Chapter 13 payments are essential to a successful plan. Let’s say one is nearing the final month or so of their Chapter 13 Payment Plan and the Trustee learns the mortgage payments, which were to have been paid outside the Chapter 13 Plan, were not paid as agreed. The Discharge can be denied and instead after all this time, the case is Dismissed. A Dismissed case is a failed Chapter 13 from a mortgage underwriting standpoint.

We wish you success with your Chapter 13 Payment Plan!

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Financially Speaking™  James Spray, RMLO, CNE, FICO Pro  | CO LMO 100008715 | NMLS 257365 |December 2, 2013 | Updated January 10, 2018 | Copyright 2013-2018

 Notice: The information on this blog is opinion and information. While I have made every effort to link accurate and complete information, I cannot guarantee it is correct. Please seek legal assistance to make certain your legal interpretation and decisions are correct. This information is not legal advice and is for guidance only. You may use this information in whole and not in part provided you give complete attribution to James Spray.

Reverse Mortgage After Bankruptcy

 

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The Bankruptcy

Frank and Sarah Woodford* have owned their lovely home near a university town in Colorado for over 20 years. In early 2011 they had to file Chapter 7 bankruptcy following several years of serious medical issues and the resultant medical bills. Their bankruptcy was Discharged in mid 2011. Both Frank and Sarah are over age 62. They had both first and second conventional mortgages. Neither mortgage was owned or insured by the Federal government. Following the advice of their attorney, they did not reaffirm either the first or second mortgage.

Both the first and second mortgage notes were Discharged with the bankruptcy. This is a matter of law on the filing itself. The bankruptcy could not, however, remove the trust deeds which were recorded with the county Clerk and Recorder’s office.

As a result of their separate serious medical issues, neither is able to work as both are totally disabled. One is legally blind.

The First Mortgage

Even with the relief of the bankruptcy, the Woodford’s could still not afford their home on their now fixed, limited household income. For more than six months, they worked with the bank’s loan modification department and ultimately received a reasonable permanent loan modification on their first mortgage.

It bears pointing out that this mortgage was not reaffirmed yet it was favorably modified.

The Second Mortgage

This still left the second deed of trust in place which would always pose a threat to the Woodford’s security as the bank owning the second trust deed could, at any time, exercise their rights and foreclose.

It is at this stage, February, 2013 my office entered the case on reference from their bankruptcy attorney. The first thing we did was investigate to learn the second trust deed of had been ‘written off’ in the amount of $55,000. Fortunately, in this case, the bank still held the trust deed in the banks collection department.

To be clear, no payment had been made on this mortgage for several years. The mortgage had been written off and no monthly payments could be made to the bank or would be accepted by the bank.

The next thing we did was get a professional valuation done on the property to see if a reverse mortgage could work for them. Based on the valuation, we determined that it would be close but possible. This professional valuation had nothing to do with automated valuations such as Zillow as they are not reliable.

We then ascertained the Woodfords could obtain a gift from a relative of up to $20,000 to settle with the bank for a release of the second deed of trust.

The Settlement

We counseled the client to offer part of the gift funds in the amount of $15,000 to secure release of the second trust deed in order that the Home Equity Conversion Mortgage (HECM) could be placed. As the bank reviewed the hardship letter and financial documentation, the Woodfords nervously, but patiently waited for the banks reply. Frank and Sarah held tight with our counsel and did not attempt to negotiate further with the bank. They realized to do such would be contrary to their best interests.

Simply put, they awaited the bureaucracy of this large financial institution to make its determination on the facts provided. About five months after submitting their request along with all pertinent documentation they received a request from the bank to prove the settlement proceeds continued to be available. Upon providing a current bank statement showing the funds were available, their patience was rewarded when the bank agreed to release the second trust deed for $6,992.

Peace of Mind

From start to finish this process took more than 220 days (but who’s counting, right). It was necessary for the Woodfords to take two mandatory reverse mortgage home owner classes – their first Housing Counseling Certificate expired at six months.

The upshot is that the Woodfords now have housing stability and peace of mind. They no longer have a concern that the foreclosure shoe could drop at any time.

Due to the benefits of the HECM, they also have the benefit owning their home without having to make another out-of-pocket mortgage payment for the rest of their lives, or for so long as they continue to reside in their home. The only out of pocket payments required of them are payment of the property insurance and real estate taxes.

Should they determine to sell their home in the future they may, it is their home. For more information on the HECM program read: The New Reverse Mortgage and Purchase Reverse Mortgages.

Note: With some exceptions, the bankruptcy must have been Discharged for two years to become eligible for a reverse mortgage. Contact your reverse mortgage professional for further information specific to certain situations.

*The name is fictitious. With that exception this report is factual. Finally, there was no need to name the bank(s) to accurately portray this situation.

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Financially Speaking™ James Spray, MLO, CNE, FICO Pro
CO LMO 100008715 | NMLS 257365 | September 8, 2013 ~  Rev. April 27, 2015
 

Notice: The information on this blog is opinion and information. While I have made every effort to link accurate and complete information, I cannot guarantee it is correct. Please seek legal assistance to make certain your legal interpretation and decisions are correct. This information is not legal advice and is for guidance only. You may use this information in whole and not in part providing you give full attribution to James Spray.

Zombie Seconds and Short Sales

foreclosure_debt_zombies

Initially, this article was primarily written for real estate professionals engaged in short sales. Since that time, many other folks have found this information of benefit so they can learn what must be done to get a fresh start. With this in mind, let’s begin with a review of Zombie Mortgages. In the words of a Realtor® friend who recently summarized my article to a group of Independent Realtors® thusly: These are mortgage which had a Promissory Note that was discharged (extinguished) in a Chapter 7 Bankruptcy but which remains secured by the Deed of Trust that is secured to the property. We first discussed this phenomenon in a 2010 article titled Living Underwater After Bankruptcy. The bottom line is the Debtor(s) elected to voluntarily retain and pay the first mortgage and occasionally the second mortgage while discharging the promissory note(s) in bankruptcy.

Basics

  • One – Don’t blame the lawyers. They were doing their job and in the vast majority of cases they did their job very well.
  • Two – The attorney has concluded their professional work for this debtor and in most, if not all, cases is no longer representing your prospective short sale client.
  • Three – Don’t let selective memory regarding the minutiae of the discharged note(s) interfere with your goal of extinguishing the deed(s) of trust.
  • Four – Don’t ask for or expect a mortgage reaffirmation so as to benefit the short sale. It may not be legally permissable and is unnecessary.
  • Five – Be wary of engaging in the unauthorized practice of law and understand you may have to work harder and smarter.
  • Six – There are situations that may require the attorney’s help, make nice. Read on to be aware.

A Zombie Second

In this situation, debtors select to pay only the first mortgage payments and make no payments on the second mortgage. In cases where the second mortgage has little or no  secured value above the first mortgage, the second mortgage holder  may make a financial decision to not to enforce the trust deed and foreclose. The result is that the property continues to be encumbered by the second mortgage deed. Short of foreclosure, the property may not be sold without obtaining a release of the Deed of Trust from the second mortgage holder.

Short Selling Zombie Seconds

There are many factors that can complicate getting a short sale accomplished. This situation is exacerbated in instances when the second mortgage was sold, assigned or otherwise is made difficult to trace. Due to the fact is that it has been many months and sometimes a few years since the debtor made a payment on the second mortgage and has no contact information. This make getting a short sale finished even more complicated than a short sale where all of the actors can be readily identified.

Finding The Zombie’s Owner

It can be an obstacle just finding the second mortgage loan number. This is often exacerbated by the fact the debtor no longer receives payment notices and/or does not recall to whom payments were made. Here are a few thoughts on where to find this information. 1] Check the tax return for the last year mortgage payments were paid, the 1098 issued by the lender will contain the loan number. If that named servicer is no longer around, do a Google search to determine the likely holder today. 2] Order an O & E from your title insurance company. Include the debtors name and social security number search in your request – the original loan number will be on the Deed of Trust along with the original lender. And you might get lucky and find a recorded assignment of the Deed of Trust if the mortgage has changed hands. 4] Go online to the Mortgage Electronic Registration System (MERS) and click the link to find the servicer.

Bankruptcy Not Closed

Oops, all in order for the short sale except you have learned the bankruptcy is still open. How can the case be open? Good question, however the reason is beside the point as you may still accomplish a short sale. What is needed at this juncture is for the Trustee to agree to a Motion To Abandon Interest of the real estate so the short sale transaction may proceed. This is where you need the attorney to help you. Your client should be prepared to pay for the legal professional time for preparation, filing and prosecution of the Motion.

Non-Consensual Judgment Liens

It is not infrequent that judgment liens will appear to be attached to the title in spite of the bankruptcy discharge. It is also not infrequent that many title insurance companies will insist the discharged judgment must be removed. TIP: It is not all that difficult to find a title insurance company which understands bankruptcy law and will insure over the phantom, impotent judgment. Contact me if you need help finding such a title company in Colorado (only).

Unless Stripped-Off – Trust Deeds Remain Attached To The Real Estate For Many Years

It has come to our attention time and time again that many believe a Chapter 7 Bankruptcy Discharge extinguishes both the Promissory Note and the Deed of Trust (TD). This is not true. In Colorado, the TD remains attached to the real estate for fifteen years after the date on which the final payment is due. To illustrate, on a typical second mortgage, the final payment is due fifteen years after the loan was originated. In the instance referenced in this blog, the TD would be extinguished thirty years after the origination date. On this, in order to be assured of the law as it pertains to your specific situation, contact a Real Estate attorney about C.R.S 38-39-201.

What If the FHA or VA Mortgage Servicer Refuses To Participate?

Unlike the lyric from Eddie Cochran’s Summertime Blues

“Well I called my congressman|And he said, whoa|I’d like to help you son|But you’re too young to vote”

You can vote and you can call your congressman if an FHA/VA servicer refuses to participate in a legitimate short sale. I recently had occation to advise a Realtor friend to direct his client to contact the district liaison with her congressman’s office. It took just three weeks for the servicer to reverse their position and agree to engage in good faith negotiations for a short sale. An FHA or VA servicer must abide by their contractual obligation to help FHA or VA minimize losses. This means that if a short sale makes economic sense they are obligated to deal in good faith. If one refuses that’s when your client may wish to reach out for congressional help. Click here to find the appropriate congressional office.

Who Benefits?

Who does the short sale benefit? Is it the seller? Is it the lender? Is this the short sale of a property on which the lender or lenders will not foreclose, such as a unit within a type of condominium complex? Is this a short sale merely for the benefit of a real estate sale commission? What is the Tangible Net Benefit of shot sale of the short seller?

Finally, given there is limited compensation available for the zombie second there are times when the holder of this second deed of trust simply will not cooperate with a short sale. The bottom line is the potential 10% financial settlement the first mortgage holder  will pay the second mortgage to release their trust deed is not a sufficient financial incentive.

Image attribution

Financially Speaking™ James Spray, MLO, CNE, FICO Pro
CO LMO 100008715 | NMLS 257365 | July 21, 2012

 Notice: The information on this blog is opinion and information. While I have made every effort to link accurate and complete information, I cannot guarantee it is correct. Please seek legal assistance to make certain your legal interpretation and decisions are correct. This information is not legal advice and is for guidance only. You may use this information in whole and not in part providing you give full attribution to James Spray.

Reverse Mortgages In The NEWS

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Three Choices and More (not including proprietary products)

There are two versions of the FHA Reverse Mortgages, which are known as Home Equity Conversion Mortgages (HECM). There is the traditional HECM refinance which includes the Line of Credit where applicable and the more recent HECM purchase product. All are designed to benefit folks age 62 and above. Within both the Purchase and the Refinance is an option for either a Fixed or an Adjustable rate. With the traditional HECM one may set up a line of credit which grows at a handsome and tax free rate and may do so with minimal closing costs.

The point is this, there is a great deal of flexibility today to design a product best suited for a borrowers needs and wants. In fact, if desirable, one can make monthly payments as on a reverse mortgage home equity line of credit purchase mortgage. Keep in mind that monthly mortgage payments are not required.

Insured and Guaranteed by the USA

Both the traditional HECM refinance and the HECM purchase are insured by the Federal Housing Administration (FHA) and guaranteed by the US Department of Housing and Urban Development (HUD) as discussed by the Federal Deposit Insurance Corporation (FDIC) and further explained by the Consumer Financial Protection Bureau (CFPB).

Eligible Properties

The HECM can be used for FHA acceptable properties of 1-4 units, provided one unit is occupied by the owner. In addition, it can be used for an FHA approved condominium as well as an FHA acceptable manufactured home.

Recent Media Publications

Fact-Checking Dave Ramsey’s Reverse Mortgage Claims

The federally insured reverse mortgage product known as a Home Equity Conversion Mortgage (HECM) has been around for over 30 years. During many of those years the most vocal critic of the product has been author and radio personality, Dave Ramsey. Why is this important to nasdaq readers? Because Ramsey is one of the most listened to financial gurus on the planet.

Many Ramsey listeners who would be ideal candidates for the product are aggressively steered away, as he repeatedly calls it a scam. This “scam” has been enjoyed by homeowners who overwhelmingly rate they are “satisfied” or “highly-satisfied” with the results. Nevertheless, many older Americans are being hurt by Dave Ramsey’s continued misinformation and lack of knowledge about the product.

FOR EXAMPLE

Ramsey and his writers at Ramsey Solutions have repeatedly scared older homeowners with the claim, You’ll Likely Owe More Than Your Home Is Worth.” 1 Ramsey Solutions also claims, “Not only are reverse mortgages a black hole of fees, but your older loved ones could also end up owing more on their home than it’s worth, or worse, losing their home altogether.”2

Harlan Accola, an expert on Reverse Mortgages Corrects Dave Ramsey on the FHA Home Equity Conversion Mortgage. Published in NASDAQ August 30, 2021.

“…risk/reward is skewed in the borrower’s favor.” A Reverse Mortgage Can Solve Many Challenges in Retirement by Doug Buchanan, CFP in The Street on October 21, 2020

8 Ways To Pay Taxes Like Donald Trump When You Retire by Eric Carter October 14, 2020 Forbes – “…Home equity. There are several ways to get tax-free income from your home. One is to simply live in it. Your home is paying you income in the form of free rent, a concept called imputed rent. Fortunately, this “income” is tax-free.

You can also take a reverse mortgage against your home, which is just what it sounds like. Instead of you paying your mortgage company, the mortgage company pays you and it’s not considered taxable income. You also get to keep your home as long as you live in it. However, when you move out or pass away, the home will be used to pay back the mortgage company plus fees…”

Jane Bryant Quinn’s New Thinking on Making Your Money Last “…And you’ve changed your mind about reverse mortgages. You like them more, for some people who are at least sixty-two — the minimum age to qualify —than you once did, right? Yes, I’m feeling better about them. Two things have happened.
In the past, one of the problems with reverse mortgages was that people who almost ran out of money took them and the reverse mortgage income wasn’t enough to pay their bills and keep up their house. So, they’d run out of money and be at the risk of foreclosure.
The law changed. Now, if you apply for a reverse mortgage and the lender’s analysis is that you might be unable to pay your bills after ten or fifteen years, you don’t get all the money to spend. The lender keeps some aside to pay for the property taxes and keep the house going. So, there are fewer risks for people who don’t have much money.
And for people with plenty of money, you might take a reverse mortgage at sixty-two, in the form of a credit line that increases every year by the amount of interest due on the loan. This credit line is a hedge against inflation and gives you the option so if the stock market goes down, instead of selling stocks, you could borrow from your credit line instead...” January 9, 2020 | Next Avenue

How Heirs Should Handle A Reverse Mortgage After Death “The loan becomes due and payable when the last original borrower [or eligible non-borrowing spouse] permanently leaves the property. There are a lot of things you can do before the mortgage holder leaves the home to help make the process smoother later.” Michael G. Branson Nov 5, 2019 Forbes

These advisors help their clients tackle this unknown looming cost “The fact is we’re a country that excels at prolonging and extending life,” said Matthew Brennan, a certified financial planner and partner at Acorn Financial Services to CNBC’s Sarah O’Brien. “The result is that the costs of care later in life, and the duration of the care, are lasting longer and longer.” One option for seniors to make ends meet for long-term care needs is their home equity, according to Brennan. “Once you bring long-term care into the equation, anything and everything is on the table,” he tells CNBC. “So you have to consider equity in a home. That could mean getting a reverse mortgage, or an equity line of credit that you don’t draw on unless you need care, or the full sale of the home.” Sarah O’Brien Nov 11, 2019 CNBC

Safety of Reverse Mortgages “Potential customers looking to tap the equity in their homes are likely to examine the safety of each option available to them. The involvement of the U.S. government in the Home Equity Conversion Mortgage (HECM) program has necessitated more clearly-defined safeguards for its customers, which likely resonates with seniors according to reverse mortgage originators…‘“Every one of my conversations with potential clients, at some point, touches [the non-recourse feature]’”… “’They all want to know, are their kids going to be responsible if the house is upside down? I don’t think we would have even 50 percent of the reverses we have now if that component was not in place.”’…‘“We now have 30 years of product testing and market revision to get to what is, today, an exceptional and unique financial product when used in the right application,”’ ‘”…That long history of HECM refinement is why we have such a viable product today.”’ ~ May 31, 2019 | Source: RMD Report: Alternative Equity Tools Could Bode Well for Reverse Mortgages

America’s Most Hated Home Loan Is Staging a ComebackThe professors and industry officials say these government-backed mortgages deserve a second look, partly because of a series of federal reforms in recent years designed to protect taxpayers and consumers.” Bloomberg, March 13, 2019, Prashant Bopal

Yes, You Can Use Reverse Mortgages as a Retirement Planning Tool. But Beware the Risks “…I’ve come full circle on reverse mortgages,” says Steve Vernon, a consulting research scholar at the Stanford Center on Longevity, and author of “Retirement Game-Changers.” He added that he has even recommended it as an option for his friends in the San Francisco Bay Area, where average single-family home prices sit just under $1 million. “The costs of the loans are high,” he says, “but if you love your house and don’t have other resources, it’s something to consider.” Sarah Max, March 10, 2013, Barrons

Should You Get One of the New Reverse Mortgages? | Why Some Financial Advisers Like Reverse Mortgages | Increasingly, financial advisers are recommending reverse mortgages for some retirees.

“If using the equity in your house will enable you to travel or live where you want to live and not spend the whole retirement stressing about running out of money, it’s really a wise use of the equity,” said Jeremy Kisner, senior wealth adviser at Jeremy Kisner Wealth Management in Phoenix.

A reverse mortgage can help you pay down your existing mortgage and free up cash each month. Or you could use the money to consolidate debt, make home improvements or pay for necessary expenses such as long-term care.”

https://www.nextavenue.org/new-reverse-mortgages/ | A non-profit publication by: PBS | January 30, 2019

QUIZ Kiplinger | The Reverse Mortgage Quiz: Test Your Knowledge | Jamie Hopkins, Esq., CFP, RICP, Professor of Retirement Income Planning   | The American College of Financial Services | June 11, 2018

…90% of adult children prefer their parents age comfortably in place.” How to use home equity to fund your retirement | MarketWatch June 1, 2018 | Richard Eisenberg and Panelists

Expert Joins Call for Broker-Dealers to Lift Reverse Mortgage Bans – [Professor] Cloke has been training financial professionals about retirement income distribution for 25 years. He is well-known in the advisor community, traveling frequently to present on the conference circuit, and he’s been vocal about the need for BDs to repeal their restraints. While he acknowledges that valid concerns have shaped this policy, he insists that reverse mortgages are too important for BDs to simply ban any conversation about their potential use. Reverse Mortgage Daily – May 31, 2016 – Click here for article.

Excellent 2 Minute Video: Using home equity to power your clients’ retirement income by Jamie Hopkins, Director of Retirement Income Program of the American College of Financial Services. SUBJECT: Comments on why Financial Planners need to incorporate reverse mortgages (both purchase and refinance) in counseling their clients. May 7, 2018

Relocating In Retirement: Don’t Make These Common Mistakes “…more seniors should consider putting some money down and financing a portion of the home with a HECM for Purchase, which is a variation of a reverse mortgage. This can mitigate problems on both sides by eliminating the requirement to make monthly mortgage payments and freeing up cash for other uses…the HECM for Purchase is designed for those 62+ to purchase a home by putting forth about half of the cost of purchase price and financing the other half with the HECM for Purchase. This allows the homeowner to not have to fully fund the purchase through a conventional mortgage or pay all cash up-front.FORBES written by Jamie Hopkins April 26, 2018

Finance Professor Urges Retirees Not to Ignore Reverse Mortgages“This is really an underutilized asset and tool for Americans” Calling the HECM perhaps the most important home equity option for retirement planning, [Professor] Hopkins provides a detailed explanation of the upsides and potential downsides and strikes back at the notion that the product is reserved for down-and-out seniors. Jamie Hopkins, Assoc. Prof., Taxation – The American College of Financial Services in Bryn Mawr, Pa. – Reverse Mortgage Daily – April 8, 2018

Shortfalls in Reverse Mortgage Servicing – “There has to be some way for complaints to be resolved, and there needs to be a timely resolution. Servicing is a very critical piece of the whole puzzle and it has to be done well.” Reverse Mortgage Originators Tackle Ways to Improve ServicingReverse Mortgage Daily – March 29, 2018

Would Your Retirement Plan Hold Up In Court?“He also noted using reverse mortgages in retirement isn’t as widely adopted among the financial planning community as some might expect. “While I would argue that this situation falls into a generally accepted planning category, the reality is, items like this are open for interpretation and can vary from [financial] planner to planner based on their background, experience, and whether or not they sell products related to reverse mortgages,” he wrote.” Forbes contributor Robert Laura, February 26, 2018

In divorces, a reverse mortgage could help resolve a big problem “… If Sam and Sara both qualify for their HECM[s], Sara will stay in the family home, Sam will have his own condo, and neither will be obligated to pay any mortgage so long as they continue to reside in their respective properties…” Benny Klass | Washington Post | February 16, 2018

9 surprising ways to use a reverse mortgage: #2 Buy a New Home written by Mary Beth Franklin, published in Investment News September 20, 2017. “A reverse mortgage can be used to purchase a new home. Rather than using all of the proceeds from a home sale, downsizers can use some of the sale profits and take out a reverse mortgage to make up the balance, resulting in a new home without monthly payments and additional cash to add to savings for future needs or to supplement current income.

Borrowers’ Children Weigh in on Reverse Mortgage Successes ‘“A lot of the myth out there is that the bank will take the home at the end. People don’t understand how deferred interest works. They don’t know they can still leave the home to their children with the remaining equity,” she said.” Reverse Mortgage Daily – December 6, 2017

“Will I run out of money before I die?” George Gagliardi gets that question all the time from clients. A certified financial planner in Lexington, Mass., Gagliardi rarely dishes out a simple answer. Instead, he explores creative solutions to preserve retirees’ funds. This adviser says not to buy long-term-care insurance — and to do this instead Morey Settner Market Watch June 13, 2017

“In any case, preserving an inheritance probably shouldn’t be your top priority. You should focus instead on preserving your quality of life and your financial flexibility.” Liz Weston, June 11. 2017 L.A. Times Why a reverse mortgage might be a good idea for some older homeowners

What’s stopping seniors from accessing the wealth stored in their home equity? The most important factor affecting low rates of home equity extraction among seniors is limited demand, which might arise for two reasons: • Seniors are typically financially conservative and want to avoid debt. This behavior could be related to their desire to leave a bequest or to save for emergency expenses or long-term care. Others might avoid mortgage debt because they’re worried about losing their home. • Continued improvements in health and medicine are allowing more seniors to work and earn well into old age, reducing the need to depend on home equity extraction. Published by Urban Wire on February 27, 2017

Homebuilders Are Betting on Boomers to Be Big Buyers is the title of an article published in the National Mortgage News on January 23, 2017. Of essence to the article is the high cost of purchasing a home. As stated, “… boomer buyers are finding that home cost is the biggest issue in making their move.” A solution to consider, for many in this situation, is the Purchase Reverse Mortgage.

China’s Real Estate ‘Godfather’ Says Reverse Mortgages Are The Answer “Under these circumstances, participating in the house-for-pension plan can be regarded as an important option for China’s elderly to improve their living conditions and live better in their later years,” New York Times December 26, 2016 | Of note, reverse mortgages or house pensions are utilized in, among others, the following countries: Australia, Canada, Germany, India, Japan, Korea, New Zealand, Norway, Spain,  Sweden and the United Kingdom where they are known as Equity Releases.

‘Silver’ Divorce Puts Strain On Retirement Income “…an often overlooked and underutilized tool for dividing assets in silver divorces is the reverse mortgage. A reverse mortgage can be used to provide the liquidity needed to help divide the value of the home, paying out the spouse who wants the money while allowing the other spouse to remain in the home without making any mortgage payments. Monthly mortgage payments could be a huge strain on his or her retirement income each month.” Forbes October 24, 2016 Jamie Hopkins | Further reference: Using Housing Wealth to Facilitate Asset Division in “Silver Divorce” by Barry H. Sacks, Ph.D., J.D. and Stephen R. Sacks, Ph.D.

CONFLICT OVER INHERITANCES – “Mary’s going to do what’s good for Mary” … some children of clients may expect an inheritance in the form of the family home. But as reverse mortgages and home equity loans become more popular, …those real estate windfalls are likely to decline Excerpted from THE LONGEVITY PARADOX by Elizabeth MacBride on August 22, 2016 and republished in the Investment News on December 24, 2016.

5 Ways A Reverse Mortgage Can Help Your Retirement October 12, 2016 Forbes.com “The old notion that reverse mortgages should only be taken out as a last resort simply is no longer true today. In fact, I believe there are five ways reverse mortgages can improve your retirement income plan. …There is a healthy skepticism about reverse mortgages, and that’s not necessarily bad, because people should exercise caution when utilizing debt. But reverse mortgages can improve retirement spending outcomes in a sensible way.”

A Surprising Suggestion for Retirement Income October 10, 2016 TIME.com/Money “Used strategically, a reverse mortgage can greatly improve the sustainability of your retirement income,” says Pfau, a professor of retirement income at the American College of Financial Services. For instance, you might use a reverse mortgage to provide income for several years while you delay claiming Social Security–or you could tap a reverse-mortgage line of credit to minimize withdrawals from your portfolio in a stock-market downturn. You should consider signing up for a line of credit early in retirement even if you don’t think you will ever need it.

How will you manage longevity risk? There are some time-honored ways to deal with the risk of outliving your assets. Those include the use of annuities, a sound asset-drawdown plan, delaying Social Security to age 70 for the higher wage earner, and a reverse mortgage. October 5, 2016 USA TODAY For your retirement planning, count on living until age 95 by Robert Powell

The Street published an announcement titled The American College Of Financial Services Aligns With Funding Longevity Task Force on September 28, 2016. This is a significant combination of forces which will be of great help in bringing Reverse Mortgage Facts to the forefront of Financial Planners for the benefit of American Consumers.

“The American College of Financial Services, the nation’s largest nonprofit educational institution devoted to financial services, and the Funding Longevity Task Force announce a partnership designed to expand the body of knowledge on issues related to reverse mortgages and home equity in retirement planning.” To continue reading, click here.

Retire on the House: The Use of Reverse Mortgages to Enhance Retirement Security July 26, 2016 MIT Center on Finance and Policy “There is a near-consensus in the professional literature that many, perhaps, most American households working today will face a significant retirement funding gap, on present trends, behaviors, conditions, and policies. Some have even gone so far as to term this finding in the literature a retirement crisis. Although many solutions have been offered to reduce the estimated funding gap, that is, to improve the retirement security of working households and even current retirees, this paper focuses on one that uses a currently available financial tool – the reverse mortgage, also known as the HECM (home equity conversion mortgage).”

A Reverse Mortgage to Buy a Home? Here’s How | Here’s how it works: Seniors 62 or older buying a primary residence make a down payment and pay closing costs. They then get a lump-sum loan that goes toward the home purchase. No monthly payments are required to pay down the debt. Instead, interest accrues on the loan, and the principal and interest are usually due when the last co-borrower or spouse on the loan moves out or dies.” Published by the Wall Street Journal on June 20. 2016.

“…protect your portfolio in retirement … But only if you open a reverse mortgage line of credit early in retirement for just this purpose.

Good financial planners have long hated reverse mortgages, which allow people 62 and over to tap their home equity without having to make payments on the debt. Advisors traditionally have seen these loans as a last resort for retirees who exhaust all their other assets.

Today’s reverse mortgages are cheaper and safer than in the past, however, thanks to improvements in the Federal Housing Administration’s Home Equity Conversion Mortgage program. Also, recent research indicates that reverse mortgage lines of credit offer an important safety valve in retirement. When the stock market plummets, retirees can tap credit lines instead of their portfolios, which allows their investments time to recover when the market rises. This “standby reverse mortgage strategy,” as some researchers call it, significantly improves the odds of a portfolio lasting through retirement.”  Published in NerdWallet on June 20, 2016 in an article by Liz Weston titled 5 Good Reasons to Tap Your Home Equity.

“We also propose to strengthen programs that support and advise consumers on reverse mortgages, which can be a good option for some older Americans.” Securing Our Financial Future a report titled the Report of the Commission on Retirement Security and Personal Savings from the Bipartisan Policy Center, published June 9, 2016.

Click on the Bolded title to view a 2:23 minute video featuring Jane Bryant Quinn, author of How to Make Your Money Last: The Indispensable Retirement Guide titled Why a reverse mortgage may be right for you. In this brief video, Ms. Quinn discusses the changed rules of reverse mortgages which provide greater protection for consumers. CNNMoney, May 11, 2016.

“Steven Sass, program director at the Boston College Center for Retirement Research, says that reverse mortgages make sense not just for low-income people who want to stay in their homes but also for wealthier retirees who have considerable equity but want to goose their income streams.” Written by Dave Lindorff and, published on May 1, 2016 in FIANCIAL PLANNING.

“. . . opening the line of credit at the start of retirement and then delaying its use until the portfolio was depleted created the most downside protection for the retirement income plan. This strategy allowed the line of credit to grow longer, perhaps surpassing the home’s value before it was used, which provided a bigger base to continue retirement spending after the portfolio was depleted. Using home equity last did reduce upside potential, because when markets were strong the portfolio grew faster than the loan balance.Journal of Financial Planning: Incorporating Home Equity into a Retirement Income Strategy by Wade D. Pfau, Ph.D., CFA., published by the Financial Planning Association, 2016.

Why Financial Advisors and Reverse Mortgages Don’t Get Along “As a practical matter, (financial) advisors who don’t have mortgage licenses can’t make direct commissions from a HECM or earn a finder’s fee for a HECM referral,” writes Kerry Pechter for the Journal. “Second, most brokerage advisors don’t practice ‘life-cycle’ investing, which considers an investors’ entire ‘household balance sheet,’ including home equity.” Published in Reverse Mortgage Daily on April 25, 2016.

“…you could set up a reverse mortgage as a standby line of credit, says John Salter, a certified financial planner and professor of personal financial planning at Texas Tech University in Lubbock. That way the money is available if you have big unexpected expenses, such as a health emergency. “It’s there if you need it, and if you don’t, you never need to tap it,” he says.

Also, Salter suggests that if the financial markets are down, you could take income from a reverse mortgage line of credit rather than from other investments. Once those investments recover, you can repay the loan. You could also put off taking Social Security longer by using a reverse mortgage to supplement income early in retirement. Delaying Social Security allows the benefit payment to grow, which would give you a higher lifetime guaranteed income stream that is adjusted for inflation.” Writes Donna Rosato in an article titled Reforms Come to Reverse Mortgages published by Consumer Reports on April 4, 2016.

Home Title: A commonly held false belief is that the lender receives the title to the home as part of a reverse mortgage. This is simply untrue. It is an enduring myth about HECM reverse mortgages. Professor Wade Pfau discusses this and other misconceptions of the reverse mortgage in the Forbes article, of February 23, 2016, titled, How Did Reverse Mortgages Get Such a Bad Reputation? 

Reverse mortgages have long suffered from a negative public perception. The problem is the result of several factors, including common misconceptions about a somewhat complicated financial product that have been hard to dispel. Most Americans simply don’t understand the ins and outs of the product, with many holding on to the false belief that the bank owns a borrower’s home. Even some financial professionals are uninformed about the details of the loan.” Writes Jessica Guerin in a excellent feature article titled, The Public’s Perception published by the Reverse Review in their February 2016 issue.

Evaluate how to use the house as a financial asset to produce retirement income: For many middle-class Americans, the home represents their single greatest financial asset. A good planner should be able to decide if a reverse mortgage is a good fit for your situation. A great planner should know about how the standby reverse-mortgage strategy can be used to extend the time you will have usable financial assets in retirement… The above excerpt is from a brief, yet comprehensive, discussion of what a great financial planner needs to know about retirement planning. This was written by Kenn Tacchino and published in Market Watch on January 26, 2016.

Beth Patterson, a fellow blogger and a remarkable reverse mortgage professional in MN offers many factual observations in her post of January 11, 2016 titled: What You Need To Know When A Reverse Mortgage is Due and Payable – Respond QuicklyShe offers this excellent question: “How long do I or my children have to pay off the reverse mortgage?” On this, one of her observations is: Once a loan payoff is requested the funds from one’s line of credit and/or monthly payments will be frozen. If you, the borrower, are thinking funds will be needed for the move, fixing the home for sale, etc. make sure funds are requested prior to the move and payoff request.  The heirs, because they are not borrowers, cannot request funds.

The following comprehensive study of utilizing a reverse mortgage to maximize retirement income in conjunction with conventional retirement income streams is primarily directed to professional Financial Planners. I have captured a few lines from their conclusion for those of us in the lay community. “We have considered retirement income in the classic mode of constant purchasing power (except where the safeguards are invoked) over periods of up to 30 years. The income sources we have considered consist of a securities portfolio plus withdrawals from home equity by means of a reverse mortgage credit line…We have also found that use of these active strategies is likely to result in a higher residual net worth after 30 years than the use of the conventional strategy.” Reversing the Conventional Wisdom: Using Home Equity to Supplement Retirement Income by Barry H. Sacks, J.D., Ph.D., and Stephen R. Sacks, Ph.D. Published in the Financial Planning Association in February 2012.

On using the reverse mortgage as an income vehicle: “The second benefit of opening the reverse mortgage early, especially when interest rates are low, is that the principal limit that can be borrowed will continue to grow throughout retirement. Reverse mortgages are non-recourse loans, and for sufficiently long retirements there is a reasonable possibility that the line of credit may grow to be greater than the value of the home. I wrote about this last year. In those cases, the mortgage insurance premiums paid to the government on the loan balance are used to make sure the lender does not experience a loss, but also the borrower and/or estate will not be on the hook for repaying more than 95% of the appraised value of the home when the loan becomes due.” For the rest of the article see, Advisors Need a Fresh Look at Reverse Mortgages by Wade D. Pfau, Published in the Advisors Viewpoint on December 1, 2015.

“…a lot has changed in the past several years, and the result is that reverse mortgages have an undeserved bad reputation.” States Wade D. Pfau in The Experts segment of the Wall Street Journal on November 30, 2015 in an article titled The New Case for Reverse Mortgages.

“…if you are looking for a big lever, a reverse mortgage line of credit will be the most powerful tool available for many people.” This statement was written by Scott Burns and published in the Dallas Morning News on October 23, 2015 in an article titled Do reverse mortgages help out?

The Financial Planning Association recently published an analysis of the HECM as a source for supplemental income for Baby Boomers. This is an excellent read for all even though it is directed to financial planners. Retirement Trends, Current Monetary Policy, and the Reverse Mortgage Market.

Citing John Salter, associate professor of personal financial planning at Texas Tech University, The Dallas Morning News states that opening a credit line while interest rates are low—even if the borrower does not need the money now—can result in a larger credit line now than when rates are higher. 6 strategies to stretch your retirement savings. Published September 23, 2015.

In the September 2015 issue of The Reverse Review, Jason Perez published an article titled: When the Last Surviving Borrower Dies. In part, he writes, “I regularly receive questions about what happens when the last surviving borrower dies, and when I think back to my responses just a few years ago, I realize they were once very simple. But in the wake of major product change these past two years—like so much within our product and industry—it has gotten complicated! I’ll do my best to simplify what has become a more layered, complex and ultimately rewarding process for borrower’s heirs and estates…”

On August 28, 2015, the Wall Street Journal published an article by Jason Zwieg titled: Buying The Dips Doesn’t Work For Everyone. An essence of this post highlights the value of setting up a HECM Line of Credit as a standby for troubling financial times. The point missed is for optimal results, one should set up the HECM LOC a the earliest opportunity. “…Another possibility, says Prof. Pfau, is to consider taking out a line of credit under the Home Equity Conversion Mortgage program guaranteed by the federal government, using it only during periods when the value of your stock portfolio is declining. This way, you reserve the right to borrow against your home at reasonably competitive rates. But you would draw on the money only at times when you would otherwise have to lock in losses on your stock portfolio.”

4 Advantages FHA Reverse Mortgages Have Over HELOCs  by JEFF TAYLOR was published by Origination News on September 4, 2015. The information is primarily for financial planners. The content is good and mostly accurate; for clarity, the actual Mortgagee Letter discussed is 2015-02. A paragraph I particularly like is: “Although it’s often the subject of negative press, the HECM product is sound. Complaints emerge largely from “last resort” borrowers versus borrowers seeking a retirement supplement or a HELOC option. The education gap, and occasional “piling on” of negative media stories, has unfairly tarnished the HECM reputation. Consumer Financial Protection Bureau data shows HECM complaints are minimal compared with forward mortgage complaints.”

Robert Massi of Fox News published: Is a reverse mortgage right for you? on August 21, 2015. While the article has several good points for the traditional reverse mortgage, it simply does not address the purchase reverse mortgage. However, this cautionary sentence adds great value to the post: Beware of the hard sell. Unscrupulous brokers may target older people and offer high-cost loans. If a salesman tries to convince you that a reverse mortgage can be used to free up money for investment in other financial products, like annuities or long-term care insurance, walk away.”

On August 7, 2015, the New York Times published an article titled 6 Strategies to Extend Savings Without Working Longer. In part, the discussion focuses on the reverse mortgage as a forward looking strategy for retirement income stability: “One approach is a standby reverse mortgage, where borrowers open a line of credit that can be tapped when necessary. Opening a credit line while interest rates are low, even if you don’t need the money now, can result in a larger credit line now than when rates are higher, said John Salter, an associate professor of personal financial planning at Texas Tech University. And the line of credit continues to grow over time.”

In the May 18, 2015 issue of Forbes, Jamie Hopkins published an article suggesting how to use the New Reverse Mortgage titled: New Reverse Mortgage Rules Open Door To A More Secure Retirement. His article examines three different strategic uses of reverse mortgages within a retirement income plan and illustrates how these strategies are for more than just the cash-poor, house-rich client.

In April, 2015, The Motley Fool reproduced a report from the FBI which they titled, Don’t Get Duped! How to Avoid Reverse Mortgage Scams According To the FBI. It is brief and to the point; it’s well worth the time for your review.

On January 9, 2015, Consumer Affairs reporter, Mark Huffman published: A reverse mortgage should always be in both spouses’ names. This article nicely summarizes the new rule whereby a spouse under the age of 62 may remain in the property when the older spouse pre-deceases the younger mate. Very briefly, you will wish to make sure both names are on the title to the property. Feel free to contact me for information you will wish to share with your legal advisor.

In a November 24, 2014, CBS News’ MoneyWatch writer Steve Vernon, discusses several options one should consider to supplement retirement income and savings, these include utilizing a reverse mortgage. Mr Vernon referenced the acclaimed Boston College eBook (below) in writing this article: Should you use your home equity for retirement income?

PLANADVISER (writes) that a reverse mortgage “could be right if you plan to stay in the house your entire life. It’s not great if you are going to move. Of course, you don’t know if you’re going to move, so there’s risk, but there’s risk in everything.”

“…many retirees could benefit from paying the closing costs necessary to have a reverse mortgage line of credit (which lenders can’t close down, unlike home equity lines of credit) on standby for times when their investments have fallen.” Love Them or Loathe Them, Reverse Mortgages Have a Place New York Times, September 26, 2014

A must read:  USING YOUR HOUSE for INCOME IN RETIREMENT. This is a fabulous, brief eBook from Boston College written for folks like you and me. It is fun and easy to read, loaded with info graphs. Contact me for a no-cost to you copy.

Reverse mortgage can be a useful financial tool“For consumers, the most important thing they can do is to become educated on how (a reverse mortgage) works… A reverse mortgage is not the solution for everybody, but clearly it’s an option for many people and the more information they know, the better they can understand how the product works and they can make an informed decision.” September 5, 2014  published in The Houston Chronicle.

The Boston Globe on June 3, 2014 published New reverse mortgage rule aims to keep surviving spouse in home which does a reasonably good job of explaining the new rules being implemented by FHA on August 4, 2014. In part, these new rules allow the surviving spouse who was not age 62 at the time the mortgage to remain in the home following the death of the older spouse who was on the mortgage. The surviving spouse simply needs to pay the taxes, insurance, HOA dues (if applicable) and maintain the property.

“If you are approached by a financial professional to do a reverse mortgage in order to fund a particular investment, keep in mind that all investments carry risk and costs—and the higher the promised return, the higher the risk. It’s best to steer clear of investments that are risky or underdiversifed—as well as those that make it expensive, if not impossible, for you to access your money if unexpected expenses arise.” from a position statement titled Reverse Mortgages: Avoiding a Reversal of Fortune published by the Financial Industry Regulatory Authority on May 1, 2014.

Reverse Mortgages: What Advisors Should Know: “If you think that reverse mortgages are only for cash-strapped retirees without any other financial options, think again. The features of reverse mortgage loans have been evolving over the years and a growing body of research suggests that these loans can help older adults manage a dependable stream on income during their retirement years.”  April 21, 2014 published in bic by Paul Norr

“…elder law and reverse mortgage experts say they frequently encounter resistance from children less concerned about the terms of the loan than about losing their presumed inheritance.” April 10, 2014 New York Times by Lisa Prevost titled: Reverse Mortgage Realities.

NBC News reporter Shelley K. Schwartz published an article on March 24, 2014 titled: Reverse Mortgage: Sounds Too Good To Be True. How Does it Work? This article outlines how the loans work and the costs tied to them. The article is brief and refreshingly accurate.

The Wall Street Journal published an article  on March 22, 2014 written by Tom Lauricella titled: A Kinder, Gentler Reverse Mortgage focusing  on recent safeguards and borrower protections implemented by FHA.

For an in-depth, academic look at reverse mortgages as a financial planning tool for retirement, an article written by David W. Johnson, Ph.D and Zamira S. Simkins, Ph.D recently published in the Journal of Financial Planning titled Retirement Trends, Current Monetary Policy, and the Reverse Mortgage Market offers very clear insights into the suitability of the product and is particularly suited for professionals.

Kiplinger’s Retirement Report Published in March 2014 has an excellent article by Rachel L. Sheedy titled What Heirs Need To Know About Reverse Mortgages.

The New York Times published an article on February 14, 2014 titled Retiring On The House discussing the facts of this product. It is brief and to the point, I encourage all to read it.

For facts on the costs of a reverse mortgage, read Beth Paterson’s blog – Surprise! Reverse Mortgage Closing Costs Actually Compare to Conventional Mortgage Costs.

NASDAQ released an article on February 5, 2014 written by Joe Young titled Reverse Mortgages: The Pros and Cons. I will add one “Con” that Mr. Young did not mention and that is proceeds from a reverse mortgage should not be used to purchase an annuity or mutual funds without the advise of both a Reverse Mortgage HUD Certified Housing Counselor and an attorney specialized in Elder Law to make certain there are no abuse of trust issues.

The Government’s Redesigned Reverse Mortgage Program from the Boston College Retirement Center – January 2014 – Click Here for the Summary

 Aldo Svaldi of The Denver Post published an article on September 29, 2013 titled FHA tightens the rules on reverse mortgages discussing changes about to be implemented by FHA. These changes are meant to preserve the HECM program by lowering the available cash and limiting the distribution in many cases. This has a relatively minimal impact on the Purchase Reverse Mortgage program.

“I cannot find a downside,” Fran Ciaccia, a retired high school cafeteria cook from Levittown, Pennsylvania, said in an interview.  “We have told so many people about it.” This quote from the blog: Reverse Mortgages Get No Respect published July 25, 2013.

An excellent comment was posted to the Wall Street Journal defending homeowners’ rights to access their Housing Wealth (published 12/21/2012).

As reported June 20, 2012 on PBS’s Money File: “You’ll never owe more than the house is worth, no matter how high interest rates go or how many payments you’ve received. The mortgage is due in full plus interest and fees only when you move, die or sell the home. Any remaining equity belongs to you or your estate.”

As Tom Kelly wrote in Inman News on June 6, 2012: “ …While there were some huge mistakes with the early reverse mortgages that were compounded by a few bad operators, today’s product is a needed, helpful tool that provides thousands of seniors access to funds otherwise untouchable. How many conventional lenders will grant a loan to a 70-year-old with no income?

Reverse mortgage rates and fees have come down. Fixed-rate programs are now in place. There is no other product where greater care is given, more counseling is mandatory and more questions are answered before anything is done.”

On May 22, 2012, real estate expert John Adams joined Good Day on FOX News Atlanta, reported in part: “Several years ago, the concept of a reverse mortgage was introduced, but they were very expensive and hard to understand.  Today, FHA has created a program that meets many senior needs at a reasonable price point.”

On May, 11 2012 CBS 42 of Birmingham, AL broadcast a Special Report titled: Is a reverse mortgage right for you? One consumer discovered this of her reverse mortgage,” . . . it’s been a win-win situation.  After losing her husband of 51 years to lung cancer, she thought the dark clouds would ever go away.  Thanks to a reverse mortgage, her financial worries are gone and her skies are sunny and clear once again. “I feel comfortable,” she said.  “I know now that I don’t have to do something drastic.”

DISCLAIMER – This blog post does not represent that any of the information provided is approved by HUD or FHA or any US Government Agency.

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Financially Speaking™ James Spray, RMLO, CNE, FICO Pro
CO LMO 100008715 | NMLS 257365 | Updated frequently

 Notice: The information on this blog is opinion and information. While I have made every effort to link accurate and complete information, I cannot guarantee it is correct. Please seek legal assistance to make certain your legal interpretation and decisions are correct. This information is not legal advice and is for guidance only. You may use this information in whole and not in part providing you give full attribution to James Spray