Reverse Mortgages

 This is a 2019 complaint filed by Legal Services of Northern California in California Superior Court involving a reverse mortgage.  Soon after the plaintiff’s husband’s death, the plaintiff applied to the creditor to stay in her home through the MOE (mortgage option election) program. However, defendants erroneously denied her application and instead started the foreclosure process. The complaint seeks to stop the imminent foreclosure sale and compel defendants to honor her MOE application and allow her to remain living in her home.

This is a 2019 complaint filed by Legal Services of Northern California in California Superior Court involving a reverse mortgage.  Soon after the plaintiff’s husband’s death, the plaintiff applied to the creditor to stay in her home through the MOE (mortgage option election) program. However, defendants erroneously denied her application and instead started the foreclosure process. The complaint seeks to stop the imminent foreclosure sale and compel defendants to honor her MOE application and allow her to remain living in her home.

These two sample allegations could be added to a complaint challenging HUD’s pre 2014 MOE (mortgage option election) requirement that the spouse obtain good, marketable title or legal right to remain in the property within 90 days of the borrower’s death.

This is a 2018 complaint brought by Atlanta Legal Aid against HUD in federal court in the Northern District of Georgia involving an APA challenge involving a pre-2014 HECM reverse mortgage.  The claim is that HECM regulations do not sufficiently protect surviving spouses who are not listed on a reverse mortgage, so as to allow the surviving spouse to stay in the home.

This is a case involving a pre-2014 reverse mortgage.  This is the consumer’s pleading in Wilson in response to HUD’s motion the homeowner’s crossclaim against HUD. HUD’s brief and reply brief are also included as a companion material to this treatise. The spouse of a now-deceased borrower on a HUD insured reverse mortgage challenged HUD’s pre-2014 reverse-mortgage insurance program requirements as either unlawful or arbitrary and that the crossclaim is moot.

This is a case involving a pre-2014 reverse mortgage.  This is a reply pleading by the HUD in support of its motion to dismiss the homeowner’s cross-claim against HUD in the Wilson case.  HUD’s initial brief and the homeowner’s reply brief are also included as a companion material to this treatise. The spouse of a now-deceased borrower on a HUD insured reverse mortgage challenged HUD’s pre-2014 reverse-mortgage insurance program requirements as either unlawful or arbitrary.

This is a case involving a pre-2014 reverse mortgage.  This is a reply pleading by HUD in support of its motion to dismiss the homeowner’s cross-claim against HUD in the Wilson case.  HUD’s initial brief and the homeowner’s reply brief are also included as a companion material to this treatise. The spouse of a now-deceased borrower on a HUD insured reverse mortgage challenged HUD’s pre-2014 reverse-mortgage insurance program requirements as either unlawful or arbitrary.

This is a 2019 defense to a foreclosure action on a reverse mortgage and counterclaims by a class of consumers against the reverse mortgage lender, filed by Mehri & Skalet and Legal Counsel for the Elderly in Superior Court for the District of Columbia.  The reverse mortgage lender ignored the provision set out in the deed of trust and federal law that non-borrowing spouses are entitled to a deferral of due and payable status when the borrower spouse dies, as long as they continue living in their homes.  Claims involve breach of contract, bad faith, unclean hands,

This is a sample affidavit stating that the homeowner is occupying a residence. This sample affidavit can be used to verify that the borrower is occupying the home in connection with a mortgagee’s acceleration of the debt or attempted foreclosure based on non-occupancy. It can be helpful to also attach any supporting documents, such as utility bills, to show that the property is occupied. The servicer may also want the borrower to sign their standard occupancy form.

This is a request for admissions sent by a Florida homeowner to the reverse mortgage lender seeking the lender’s admission that the home was in fact occupied, despite the lender taking actions as if the home was unoccupied.