Reverse Mortgages Ripe for Consumer Abuse?

October 6, 2009 RSS Feed Print
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Reverse mortgages have come under fire again, in a cautionary assessment from the National Consumer Law Center. A reverse mortgage provides money to senior homeowners in exchange for the equity in their primary residences, and allows them to continue to live in their homes as long as they wish without needing to make additional mortgage payments. Reverse mortgages are complex, can carry steep fees, and need to be carefully evaluated.

[See Will More Reverse Mortgages Mean More Fraud?]

The products have not been heavily used to date. Beyond sporadic reports of abuse, there is no compelling public record that seniors are being exploited. But the Law Center report says their rising popularity makes them, and senior homeowners, an increasingly attractive target for unethical brokers. Equating reverse mortgages with the widespread abuses in subprime mortgage lending, the report says existing consumer safeguards for reverse mortgages must be greatly strengthened and receive more funding to guard against a similar meltdown.

"Outright criminal conduct represents the extreme example of bad broker behavior," says the Center's report, Subprime Revisited. "More often, however, brokers take advantage of seniors in less obvious ways, such as by selling them reverse mortgages that they do not need or getting them into more costly loans that increase the brokers’ own compensation."

The report does not present much data to support its allegations. It rests its case mostly on concerns for potential abuse. Also, it points to marketing campaigns from some reverse mortgage companies touting the products as a way to afford luxury items and other big-ticket consumer purchases. While people are free to use their home equity however they wish, most financial experts recommend reverse mortgages be used as conservative tools to pay for necessities while allowing people to remain in their homes. Older consumers, the Law Center fears, are ripe to be exploited:

"Seniors, especially those with low incomes, are hard-pressed to find knowledgeable and trustworthy advisors. On the other hand, they can expect to receive lots of encouragement to take out reverse mortgage loans. Unfortunately, much of that encouragement comes from a cast of characters eerily familiar from the subprime mortgage boom and bust: aggressive brokers eager to rake in large fees and giant financial institutions hungry for profits that come from maximizing loan volume. In an effort to generate a steady stream of borrowers, seniors are likely to be pushed into reverse mortgages that they do not need. Without adequate borrower protections, the securitization of reverse mortgages and the push for greater loan volume could lead to abusive lending that will sap the equity of senior homeowners."

Nearly all reverse mortgages occur in the federally insured Home Equity Conversion Mortgage program. It does mandate consumer counseling and disclosure to consumers of all loan fees. Its administrator, the Federal Housing Administration, has not reported widespread abuses in the program. However, the Law Center report cites a Government Accountability Office review of industry practices that found numerous problems with the counseling program, and says these shortcomings would become worse with any meaningful increase in the volume of reverse mortgages.

[See Smart Ways to Access Your Housing Wealth.]

Reverse mortgages can be an appropriate and helpful tool for many homeowners. And concern about possible abuse of another asset class is a bit over the top at this time, if understandable. But there is no harm in being very careful about any meaningful financial transaction. And what is more meaningful than a decision to tap home equity, which for most people is their largest financial asset?

So, please do your homework. There is a small private market for non-HECM reverse mortgages. I'd avoid the private market unless the home involved was valued in excess of HECM loan ceilings, and I had solid financial and legal advisers to help me negotiate the deal. Check out the HECM website to make sure you understand the program. Talk with friends and family members about whether a reverse mortgage makes sense. Check out fees from multiple reverse-mortgage companies. And do not sign any document—EVER!—that you do not fully understand.

[See Make a Housing Plan for Your Later Years.]

Tags:
mortgages,
retirement

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I rarely participate in these comments, but I really have to share my story with 1 company which has tremendously helped me. I just turned 74, many obstacles have come in the way of my retirement including a divorce a few years ago which really hurt me financially, to be honest I had this feeling that my savings and SS income were not going to be enough. Months and months of research and dealing with big banks - nothing but a big headache and they wanted to charge an arm and leg - I was considering a standard home equity loan but then I started reading about reverse mortgages. Long story short, i found this company while searching online - reverse mortgage lenders direct - they were able to automatically compare lenders for me and quote me a fantastic quote. I am not saying you need to do a reverse mortgage (for me this has been excellent and recommendable) but if you do here is their number 877 700 0534 - you can find the site online search for reverse mortgage lenders direct.

smithtony184 of NY 7:02AM May 30, 2012

In addition to the above My sister was an invilid and had Dementia. Her treating doctors wrote letters stating she did not have the mental capacity to understand the complexities of a Reverse Mortguage or the mental capacity to enter into a legal contract. This information was given to B. of A. FHA and HUD but made no difference. the so called HUD counsler allegedly interviewed my sister over the phone. The interview check off sheet had no questions as ask if she were taking any medications, (she was on 15 meds including Oxycodene); had talked to any family members or attornies; or felt she was mentally competent to contract. The HUD counsler refused to meet me or talk to me.

I have personally heard her social workers representing they were my sister when conductng business on the phone. My sister was a complete invilid and required almost constant help even to take her meds. This is a Crime of Elder Abuse possiably by one of the social workers, the salesman and Poor HUD counsling practices, which all add up to a tragedy. I am going to be homeless unless something can be done by Congress or HUD issuing a waiver.

Larry Anderson of CA 4:27AM October 28, 2009

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