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Posted on: Apr 8, 2025
SmartLaw: Real Property Law

If you happen to be 62 or older, a reverse mortgages is a way to borrow against the equity in your home to provide what may be tax-free income. Generally, a reverse mortgage requires no scheduled loan payments until the loan ends. However, there are some downsides which may affect your decision to pursue a reverse mortgage.

Reverse mortgages are almost always more complicated than conventional mortgages, and the consequences of various plans and options may not always be clear. Here, if you decide to pursue a reverse mortgage, asking a lot of questions and insuring that you understand what could be relatively complex terms will be important to avoid unwanted future consequences.

Though the benefits of a reverse mortgage may be attractive, they are typically more expensive compared to other loans, including home equity loans, especially at the time the loan is initiated. To make the best decision, be sure to consider all so called “up-front” and future costs and factor those costs into your budget and decision making process.

Although the money you receive with a reverse mortgage is typically income tax-free, a reverse mortgage may affect your eligibility for “needs-based” public assistance benefits. Examples of benefits that may be impacted include Supplemental Security income, otherwise known as “SSI” and Medicaid/MediCal. If tax or needs-based benefits are a concern to you, consulting with an experienced tax attorney would be a great start to understanding the tax and needs-based benefits consequences of a reverse mortgage.

Though it may seem obvious, a reverse mortgage is likely to reduce or eliminate the equity in your home. Here, reducing the or eliminating equity in your home will likely affect the estate to be distributed to your heirs.

Here’s an example of how a reverse mortgage can get tricky and when a detailed understanding of the terms of a reverse mortgage will be important. When a mortgage product is something other than an FHA-insured mortgage, it is important to confirm the reverse mortgage is entirely a “non-recourse” loan. This means the liability to repay the loan is limited to your home (its then market value) and would not subject any of your other assets or income, or the income and assets of your heirs, as sources for repayment.

Finally, reverse mortgages are often not well understood by real estate, mortgage, tax, or even legal professionals. Before working with anyone on a reverse mortgage product, be sure to research their experience with reverse mortgages before accepting their advice. This can include online research, contacting references, and asking questions.

Posted on: Apr 8, 2025
SmartLaw: Real Property Law

For most home buyers, at least a partial amount of the purchase price of a home must be be borrowed. Here, it is common for home buyers to borrow that money from a bank or a mortgage company. In other cases, a homeowner may borrow money against the equity in the property after a home has been purchased. Borrowing this way is is referred to as a “home equity loan.”

In each of these cases, the bank or mortgage company that loans money will typically have a lien against the home. A lien is a legal claim against another person’s property as security for a debt. A lien does not convey ownership of the property, but gives the lien-holder a right to have the debt satisfied out of the proceeds of the property if the debt is not otherwise paid.

When a home buyer fails to make the payments that are due on the loan (when a home buyer “defaults” on the loan) the lender can foreclose, which means that the lender can force a sale of the home to pay for the outstanding loan.

Regarding foreclosure, it is important to know that the law that deals with foreclosure changes often. These changes typically involve the obligations of borrowers and lenders in the foreclosure process. Here, it is important to talk to an expert in foreclosure law, if you believe your home may be subject to foreclosure.

As with many other legal issues, another important consideration on foreclosure is delay. Deadlines are critically important to any foreclosure process. If you believe your home may be subject to foreclosure, if you miss one or more payments on your home, it is important to talk to an experienced foreclosure lawyer as soon as possible to preserve your rights.

To find the right foreclosure legal resource, contact SmartLaw.

 

 

 

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