Friday, September 25, 2020

Reverse Mortgage and Condominiums

     First it was Robert Wagner and now Tom Selleck selling reverse mortgages on daytime television. The commercial promises that its “not to good to be true” and that its “not just another way for the Bank to get your home.”  Repayment is due “when you leave your home” (no mention of death), and is pitched as a “way to bring a more stable and secure retirement” and allow homeowners to “stay in the home they love.”

    Reverse mortgages work by using a portion of your equity to fund the loan with the remaining equity used to pay the accruing interest on the loan such that the borrower never has to repay the loan until they either permanently leave the property, die, or otherwise default under the loan (such as for failing to pay taxes, condominium assessments or insurance). The key feature of the reverse mortgage is cash up front, especially for people with substantial equity in their home, and the lore of no monthly mortgage payments.

    What is never mentioned in Tom Selleck’s advertisement is the downside to reverse mortgages. At the very end of the ad is a disclaimer, in very small print, which actually provides a clear warning of the downsides of this program. It makes it clear that a reverse mortgage decreases your home equity through negative amortization; that borrowers are responsible for taxes and homeowners insurance; and that borrowers must reside in the home and maintain same, otherwise the “the loan becomes due and payable.” 

    Another thing not mentioned in the reverse mortgage advertisement is the high cost of a reverse mortgage. Origination fees may be as high as $6,000 plus there is normal loan closing costs and an upfront mortgage insurance premium. These fees are usually much higher than conventional mortgage loan closing fees. In addition, on top of the ongoing interest charged on the reverse mortgage, the reverse mortgage borrower pays servicing fees and annual mortgage insurance premiums equal to 0.5% of the outstanding mortgage balance.

    Using a reverse mortgage to purchase a condominium is no different than traditional mortgage financing. However, qualification for a reverse mortgage is restricted to persons over the age of 62 years old. In addition, the amount that can borrow varies substantially depending on the age of the borrower.  A younger borrower is only eligible for a smaller loan while an older borrower can borrow substantially more on the equity in their condominium. All of this is based on actuarial data regarding how long the condo owner will live so that there still sufficient equity in the property when the loan comes due.

    For example, a 62-year-old purchasing a $550,000 Florida condominium is only eligible for a reverse mortgage of $217,800 to $288,200 while a 78-year-old would be eligible for nearly $70,000 more.  In both cases, especially when considering closing costs, a substantial amount of cash would be needed to purchase that condominium, most likely in excess of $225,000 to $350,000.

    When the reverse mortgage comes due, mostly caused by an elderly borrower no longer residing in the condominium or the last surviving spouse passing away, the condominium may be sold by the owner or the owner’s heirs to pay off the reverse mortgage. This is different than traditional mortgages which do not become due and payable upon vacating the condo or dying.  With traditional mortgages the owner or heirs have the option of continuing to make monthly payments until property values go up or to keep the property as a rental income producing property. This option is not available for reverse mortgage condominium owners. The mortgage must be satisfied, or the mortgage will be foreclosed.

    Reverse mortgages on condominiums also carry with them the many restrictions that condominium themselves have on rentals and resales. For example, many condominiums prohibit renting a property for one or two years after sale. Because of the looming threat of foreclosure, it is sometimes necessary to rush the sale of a condominium encumbered by a reverse mortgage. Because of the rental restriction the market for buyers is reduced since investors or second home buyers may not be interested in a property they cannot be occasionally rented.

    Many condominiums are also age restricted, prohibiting sales to buyers under the age of 55 either in a 100% restricted community or the more common 80/20% blended community. Again, these types of restrictions make resales more difficult. All of this of course is on top of dealing with a deceased parent and the probate requirements to clear the title to the condominium. In many cases after deducting the cost of sale and ongoing, accruing interest, there is little to no equity available and therefore, in many cases, the condominium is not sold and instead foreclosed by the reverse mortgage lender.

    Deciding on a reverse mortgage is a serious, life altering decision that should not be made based on a commercial starring Tom Selleck. Sometimes things are too good to be true and reverse mortgage may be one of those for many people.

 Michael J Posner, Esq., is a partner in Ward, Damon, Posner, Pheterson & Bleau, P.L. a mid-sized real estate and business-oriented law firm serving all of South Florida, with three offices in Palm Beach County.  They specialize in real estate law and can assist sellers and purchaser with closing and financing of residential and commercial real estate.  They can be reached at 561.594.1452 or at mjposner@warddamon.com

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