Are reverse mortgages contributing to regional housing inventory shortages? How the Michigan Tax Tribunal views HECM proceeds and property tax obligations. Philadelphia Councilwoman seeks to close foreclosure loophole. Harlan Accola publishes his latest book.
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“If it bleeds it leads”. This phrase gives the general public a peek behind the curtain of print and television journalism’s choice of what’s ‘news’ and how it is presented (slanted). Fear-based news has become even more profitable with the advent of online news sites seeking salacious headlines using fear to garner more clicks, site traffic and ultimately advertising dollars. The Washington Post’s recent article, “More seniors are taking loans against their homes- and it’s costing them” is actually more fair-minded than the headline, yet overlooks one most important caveat.
Any senior who is displaced from their home can fairly be described as a true American tragedy, each warranting an examination of the underlying unique causes that ultimately led to foreclosure. Truthfully, some reverse mortgages should have never been written for seniors who would unlikely be able to afford to make the required ongoing property payments for taxes and homeowner’s insurance. Those at greatest risk of future foreclosure often had little existing income, a history of poor money management, and no limitations on how quickly they exhausted their available loan proceeds. I recall the sense of dread and frustration that washed over me years ago as I pulled up to my applicant’s home only to see a newly-purchased RV in the driveway. The loan had not even funded and substantial hurdles remained.
“Tens of thousands of troubled loans remain. More than 18 percent of reverse mortgage loans taken out from 2009 to June 2016 are expected to go into default because of unpaid taxes and insurance, according to the HUD report”, the Post dutifully reports. With this in mind, it should come as no surprise that HUD may have intentionally shifted the Home Equity Conversion Mortgage further from the cash-strapped ‘needs-based-borrower’ and into the hands of the more affluent borrower with the Financial Assessment. In fact a recent report from HECM counselors confirms that fewer needs-based borrowers are entering counseling. With mounting projected losses from technical defaults there was little choice but the rein in default rates and payouts from FHA’s insurance fund which backs HECM loans.
While well-researched the Post’s article fails to mention one key detail, both traditional mortgage and reverse mortgage loans require the borrower to keep their property taxes and insurance paid up or risk the ensuing foreclosure and displacement from the home. In this respect, the reverse mortgage has become the all to convenient scapegoat for the financial woes of senior homeowners facing a loan default.
A number of factors can contribute to HECM borrower’s losing their home due to nonpayment of property obligations.
Despite the claims of false advertising, it is true that a reverse mortgage allows borrowers to remain in their home without ever making another payment- mortgage payment that is. That said, the new requirements of disclosing required property charge payments (something traditional mortgages should disclose), the Financial Assessment, and the move toward more affluent borrowers have already dramatically reduced the number of HECM defaults.
Until the risky loans of yesteryear are terminated, the reverse mortgage may remain a tempting scapegoat of mortgage lending in eyes of the media. Just be sure to remind them of what Paul Harvey so famously said was ‘the rest of the story’.
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The reverse mortgage industry could lament it’s treatment in the media, in the words of Rodney Dangerfield, “that’s the story of my life…no respect”.
NBC4’s consumer reporter dramatically recounts the tale of a HECM borrower who narrowly avoided foreclosure. The borrower’s power of attorney also serves as her live-in caregiver. The caregiver claims she was surprised by a foreclosure notice received in the mail and attempted to pay the insurance premium but the payment was returned because the auction was already scheduled. *UPDATE* I repeatedly pressed an employee with NBC4’s Consumer Union if the homeowner’s insurance company had in fact sent billing notices to the homeowner. His reply was “They acknowledged that they sent bills not in line with an arranged payment plan which is why the error occurred.”
Reverse mortgage borrowers must pay their property taxes and homeowner’s insurance or risk foreclosure. The same requirement applies to traditional mortgage borrowers.For several years reverse mortgage documents have included a clear statement informing borrowers of these obligations and the risks of non-payment. While the media jumps to expose the plight of seniors being. Here are some other points to consider for HECM borrower’s facing foreclosure for non-payment of property charges.
One advantage traditional mortgage borrowers have is the automatic payment of property taxes and insurance from their escrow account. While such an arrangement is practical for those making monthly principal and interest payments it is highly problematic for HECM borrowers facing a sizable reduction in available funds if a lump sum Lifetime Expectancy Set Aside (LESA) is required. Perhaps a better solution for reverse mortgage borrowers would be the implementation of monthly auto-drafts for insurance and an auto-draft into a HECM escrow account to fund property tax payments every six months. If feasible, such an arrangement could avoid the onerous lump sums required for a LESA.
The new year is upon us and we can leave 2016 in the rear view mirror, with the exception of HUD’s pending reverse mortgage rules. Are additional HECM reforms truly needed to strengthen the HECM program?
In the wake of the election and the new year, lingering HECM program changes can be easily forgotten. Last May FHA introduced a series of new rules to strengthen the Home Equity Conversion Mortgage program. The changes included required HECM counseling prior to signing s mortgage contract, disclosure of all HECM features and options, and most problematically, a 5% lifetime cap on the adjustable rate HECM with a 1% annual interest rate cap. Numerous industry participants and the National Reverse Mortgage Lenders Association submitted inputs to the agency in the Federal Register. Several months have passed and yet there is no word if these substantial product changes will be enacted. Presently the proposed rule changes are in the final rule stage prior to regulatory review.
Many industry participants have voiced their concern that these changes will negatively impact the HECM program. Perhaps a more relevant point is the question if such changes are even necessary. Is the HECM program’s economic outlook as bleak as HUD’s recent report to Congress suggests?
HUD’s most recent report to Congress shows the HECM portion of FHA’s portfolio is valued at a negative $7.7 billion dollars. That represents a $13 billion dollar swing to the negative dropping from the previous year’s valuation of a positive $6.8 billion. Much of the impact can be attributed to slowing home appreciation upon which much of the economic modeling depends upon.
However, what is somewhat problematic are reports that HUD’s internal assumption are based on 100% of the available principal limit is used at the beginning of the loan. This assumed front-loaded loan balance is then factored based on future interest rates and the borrower’s age. This mathematical approach drastically increase the negative amortization of the HECM loan and the assumed ending loan balance…
“Whoever controls the language controls the debate”. The purported ‘epidemic’ of reverse mortgage foreclosures has long been a staple for major media outlets to attack the reverse mortgage as a risky and dangerous loan. Closer to home, the incidence of HECM foreclosures has been often cited as one justification for increased restrictions, product reengineering, and the financial assessment underwriting guidelines.
The media loves a good drama. Find a villain and add some emotional tension and you have a headline that is click-worthy. Such a scenario played out in a recent article on Bloomberg.com entitled “Mnuchin’s Reverse Mortgage Woes Blemish Record of Treasury Pick.” Jack Guttentag, aka the Mortgage Professor, was intrigued. The headline is timely since Steven Mnuchin was recently announced as president-elect Trump’s pick for Treasury Secretary. Mnuchin’s blemish in the article centers on his acquiring of IndyMac Bank in 2009 and with it Financial Freedom. Now we can see the ‘reverse mortgage’ connection that Bloomberg hints may point to alleged unethical business practices. Financial Freedom “has carried out 16,220 foreclosures since 2009, or about 39 percent of the country’s reverse mortgage foreclosures, according to HUD data obtained by the California Reinvestment Coalition…” Guttentag was skeptical that one lender could account for such a large percentage of HECM foreclosures.
What ‘foreclosure’ really means
Skeptical, Guttentag researched for the total number of HECM foreclosures since 2009. He uncovered a report provided by the agency to a consumer group in response to a freedom of information request. Since April 2009, there have been 41,237 reverse mortgage foreclosures accounting for roughly 4% of all…
While negative new stories about reverse mortgages have diminished considerably a few media outlets continue to beat the drum on the dangers of reverse mortgages leaving vulnerable seniors without a home. Reading such articles reminds me of Winston Churchill’s quote “A life gets halfway around the world before the truth has a chance to get it’s pants on”.
On July 23rd the New York Post published an article entitled “Taking out a reverse mortgage ruined my life” by Catherine Curan. The story outlines the unfortunate series of events that befell Frederick Feil who lives in Howard Beach, a suburb of southwest Queens, New York…
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The chief concern amongst many is the new financial guidelines will further shrink the pool of eligible borrowers at a time when reverse mortgage production is low. However there is another facet of the financial assessment that can be easily overlooked; reducing headline risk.
Continue readingMoral Hazard? One definition is the lack of incentive to guard against risk because one is protected from the consequences while the risk rests on another party. Is that what we have with reverse mortgage borrowers who have defaulted? Non-payment of taxes and insurance has been an issue. A look at what real estate columnist had to say recently.
Continue readingAARP still calls it a ‘loan of last resort’. Will cash-burn by younger borrowers increase future defaults and foreclosures?
Continue readingIs the proverbial “horse out of the barn” when it comes to Reverse Mortgage Tax & Insurance Defaults? A problem that was quietly brewing for more than a decade grew into glaring issue with the crash of housing values in 2007 & 2008. Many borrowers hit hard financially
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