Follow Us: Google+
 
Bankrate.com

mortgage

Bankruptcy halts reverse mortgage payments

Steve McLindenDear Real Estate Adviser,
I have a reverse mortgage and have filed for bankruptcy. My lender has since stopped making monthly payments to me -- money that was providing me with basic living needs. There's no clause pertaining to this in my loan documents as far as I can tell. My attorney said he's never handled a bankruptcy with a reverse mortgage. What are my options? Would a reaffirmation agreement work? Can they call the note?
-- Ellen B.

Dear Ellen,
Those crucial payments to you have stopped because borrowers aren't allowed to access funds, with some exceptions, from their reverse mortgages during bankruptcy proceedings. Filers, not surprisingly, aren't supposed to take on any new debt under bankruptcy. However, the bankruptcy court or the trustee monitoring the proceedings can approve your request for continued funds through a "reaffirmation agreement" that you mentioned, so by all means give that a try posthaste.

And no, the lender typically can't call the loan due because a reverse mortgage is generally treated like any other debt belonging to the bankruptcy filer. However, some reverse mortgages do contain a provision saying the balance owed on the home does come due upon filing, though bankruptcy courts tend to not allow this given the consumer-oriented bent of bankruptcy protection.

For those reasons and many others, it's important that you have effective, experienced representation. In fact, the time to thoroughly discuss the issues at hand with a competent legal professional is before the filing to avoid any of the unwelcome surprises you're now encountering. Here's hoping your attorney has since gotten up to speed on the reverse mortgage in a bankruptcy or you've secured alternative counsel.

Because state bankruptcy laws vary and there are several different types of reverse mortgages and bankruptcies, it's hard to tell you exactly what's going to happen next and when. It may have been advantageous to wait to file so the reverse mortgage could eat away more equity; there's a means test in Chapter 7 bankruptcy to determine eligibility and sometimes a reverse mortgage can be raising more income than is allowable under that Chapter 7 umbrella.

A reverse mortgage, for the sake of edification, allows people at least 62 years old to tap into the equity in their homes tax-free, either in the form of a set monthly dollar amount or a line of credit. Most reverse mortgages are backed by the Federal Housing Administration. The loans can be handy for many cash-strapped seniors, but they do come with some caveats and financial baggage.

Reverse mortgages typically have high origination fees and require additional insurance and new appraisals. Plus, their cash distributions can adversely affect long-term government health care assistance for lower-income persons -- and some forms of bankruptcy protection as earlier noted. Once a borrower dies or departs the home permanently, homes with such mortgages can be repossessed by the lender if the mortgage is more than the home is worth.

So, tread cautiously before taking on a reverse mortgage or filing a bankruptcy with one. Suddenly finding yourself with no home to leave to heirs or no income for basic living needs, sadly, can be one of the dire consequences of poor or misinformed planning. Good luck.

Featured Rates

Ask the adviser

To ask a question of the Real Estate Adviser, go to the "Ask the Experts" page and select "Buying, selling a home" as the topic. Read more Real Estate Adviser columns and more stories about mortgages.

Bankrate's content, including the guidance of its advice-and-expert columns and this website, is intended only to assist you with financial decisions. The content is broad in scope and does not consider your personal financial situation. Bankrate recommends that you seek the advice of advisers who are fully aware of your individual circumstances before making any final decisions or implementing any financial strategy. Please remember that your use of this website is governed by Bankrate's Terms of Use.

advertisement

Show Bankrate's community sharing policy
            Connect with us
Compare Mortgage Rates
Zip code:
Product:



advertisement
Most Read
  1. Beach towns with bargain homes
  2. 6 tips for successful yard sale
  3. Nick Nolte's house for sale
  4. 5 costliest tickets for car insurance
  5. 7 sedans for the young at heart
  6. 5 car models that lose value
  7. Ali Landry's house for sale
  8. Headlight requirements by state
  9. 9 gas-only, fuel-efficient cars
  10. 8 eerie ghost towns
Mortgage Overnight Averages
Product Rate +/- Last week
30 yr fixed mtg
3.77% 3.60%
15 yr fixed mtg
2.88% 2.74%
5/1 ARM
2.66% 2.54%
30 yr fixed mtg refi
3.76% 3.58%
View rates in your area:
 

Feeling lost in the mortgage wilderness?

Let Bankrate's Mortgage Analysis be your GPS. This newsletter tracks our exclusive mortgage features, rates and tools. Delivered Thursdays.
 
advertisement
Another indicator of an improving housing market: Realtor income is up.
Partner Center
advertisement

Advertising Disclosure: Bankrate.com is an independent, advertising-supported comparison service. Bankrate may be compensated in exchange for featured placement of certain sponsored products and services, or your clicking on links posted on this website.