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he took out a reverse mortgage with out my knowledge, we live in TX a community property state, i was not 62 at the time (found all this out after he passed) why did they not check?
You last asked us this in June of 2024. They DID ask your husband if he was married. He said he was not. He lied. As to what the Reverse Mortgage company is to do with liars, I am uncertain? I doubt the pull the marriage certificates of everyone applying, and I doubt if they look then for divorce documents, and etc. What their obligation is to be CERTAIN I don't know. I would THINK that they would have an "obligation" to check a deed. But deeds aren't always the last words in assets as "defined" by a state.
I am very sorry that this happened to you, but this happened some time ago. My question is, what have you done about this? I must assume, that--since last June--you have consulted an attorney. What did this attorney tell you about the LEGAL obligations of a Reverse Mortgage Company and about the title of the home, and about your husband's capability of locking you out of any knowledge about this.
The attorney is the one who KNOWS. We are just a bunch of folks out her pounding away on our keyboards, with an opinion. What have you done about consulting an attorney? What did he/she tell you? Just a quick check on the internet gets you this: "Reverse mortgage companies have an obligation to check for the marriage of the applicant. An eligible non-borrowing spouse is an individual who is married to a reverse mortgage applicant when the loan closes and will not be a borrower of that loan but is living in the subject property as their primary residence1." So I guess what we have here is what is the definition of "checking". I would think that tax forms, whether filing married, filing separate, or married, filing married, might serve. I just don't know what they LEGALLY must check. Seems you could have a case here. WHAT does the ATTORNEY say?
my attorney said sell the house and pay off the loan ! yes he lied and i found out after he passed i think the mortgage company should of checked, and we always file taxes together i was not yet 62 at that time, and since then i had to file bankruptcy to stop the foreclosure, i had read every thing this is a stress matter thats making me sick
Yes, you asked this question last year. Are you having problems because he did this? Were you on the deed? Are you going to lose the house because now he is gone they are asking for their money back?
I think you got two responses last year and thats because we are laymen and have no idea the in and outs of Reversed Mortgages. You need a lawyer to straighten this out. Especially if your husband was told to put down he was single or divorced by the Mortgage company.
TreeTree, Thanks for letting us know that you were never on the deed of this home, despite its purchase during your marriage. That is a terrible lesson to all the rest of us. If we are in a marriage then our name needs to be on mortgage and deed when a home is bought.
You have had two attorneys now tell you that there is no option save for you to sell this home, now yours by inheritance from hubby. It has a loan that came due with his death, which is what basically a Reverse Mortgage is. Somehow without your knowledge he had been receiving monthly payments for some amount of time from this "loan". That now is due. It is another sad lesson to others: Know the finances of your marriage. You cannot afford not to.
The Reverse Mortgage company apparently, in the view of your attorneys did their own due diligence. Your husband lied. You weren't on any deed registered on public documents. They made the loan, and they sent him the money. Too late to punish HIM as he's dead; punishment enough.
I am so sorry, but take your attorney's advice, sell, pay off that loan, and use the remained to buy a less expensive place, or to rent, whichever will work for you. Very sad that hubby tricked you in this manner, and tricked the company, but they could hardly be expected to hire private detectives to check his marriages and such. They acted in good faith; he lied. And the chickens are home to roost now with this loan needing to be paid off.
This is a sad story, and I am very sorry this happened to you.
I had a friend that was divorced for 20 years with her house in her name! I called her when I saw a settlement notice for her house to her ex! He pretended to buy her house and got a mortgage on her property! It took her $30,000 and 3 years to get her property legally in her name again! She got it settled before she died and transferred the deed to her children! Crooks are crooks! They will find a way to deceive anyone! Believe me I live with one!
I am so sorry, yes its your home but its not your house. Only your husband was on the deed. He could have sold it right out from under you. RMs are like a lien. They loaned your husband money, now he is gone, they want it back. If you can't give it back, then the house has to be sold and the lien satisfied. Hopefully you'll have enough from the proceeds to buy a nice house. I would not wait too much longer or you may lose the house.
This whole sad case shows that we cannot be "the little woman" who doesn't know and understand fully the finances. If we are, this sort of thing can happen, pulling any security we could have after a sad loss into more loss. Awful way to have things go, and I surely hope others take note. You must KNOW what's going on in the finances of your own marriage.
Tree, please come back and tell us how this all works out. We learn from others. These RMs sound so good on TV. They make it sound like its free money when its not. Its a loan that has to be paid back.
Treetree, your husband may have signed an affidavit stating that he wasn't married. Lying on this is considered perjury. The home being in his name only appeared to confirm this. If this came to light while he was alive, it could have been treated as fraud. However since he is deceased, nothing can be done about it. I'm sorry, but that's reality.
I did a search on your situation. AI returned this info along with more.
File a Complaint: You can file a complaint with the Texas Department of Insurance and the Federal Housing Finance Agency (FHFA). Seek Legal Advice: Consult with an attorney specializing in reverse mortgages and consumer protection to understand your rights and options. Key Considerations: Honesty is Essential: It's crucial to be truthful and transparent with lenders about your marital status and other relevant information. Due Diligence: Lenders should conduct thorough due diligence to verify the information provided by borrowers.
I see that your question isn't, "What should I do now" but rather, "Why didn't they check?"
The answer is "Who knows why they didn't check?"
Maybe ask, "Why didn't my husband put my name on the mortgage? Why didn't my husband tell me about the RM? Why did my husband tell a lie that would screw me over from beyond the grave?"
Again, "Who knows?"
But you now have to move through this very distressing problem.
If you have to sell the house to pay off the RM, you won't wind up with a house no matter what. Consider letting it go into foreclosure and then walk away to begin a fresh start.
I wish you clarity, wisdom and peace in your heart that you cannot change what has transpired but that you can still have a worthwhile future.
They checked the things they were required by law to check. THEY aren't the bad guys here. Hubby is. Being dead it's too late to do anything about them. There is now a loan that has come due. Attorneys were consulted. It is (sadly) over. ALL the sympathy in the world with this poor gal. She chose the wrong man. But it is done, and she can't change it. She can hate the RM company all she likes, and she can hate hubby as well. That just won't change the loan that's come due. And hatred will eat the liver....so.....
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
They DID ask your husband if he was married.
He said he was not.
He lied.
As to what the Reverse Mortgage company is to do with liars, I am uncertain? I doubt the pull the marriage certificates of everyone applying, and I doubt if they look then for divorce documents, and etc.
What their obligation is to be CERTAIN I don't know.
I would THINK that they would have an "obligation" to check a deed. But deeds aren't always the last words in assets as "defined" by a state.
I am very sorry that this happened to you, but this happened some time ago.
My question is, what have you done about this?
I must assume, that--since last June--you have consulted an attorney. What did this attorney tell you about the LEGAL obligations of a Reverse Mortgage Company and about the title of the home, and about your husband's capability of locking you out of any knowledge about this.
The attorney is the one who KNOWS. We are just a bunch of folks out her pounding away on our keyboards, with an opinion.
What have you done about consulting an attorney?
What did he/she tell you?
Just a quick check on the internet gets you this:
"Reverse mortgage companies have an obligation to check for the marriage of the applicant. An eligible non-borrowing spouse is an individual who is married to a reverse mortgage applicant when the loan closes and will not be a borrower of that loan but is living in the subject property as their primary residence1."
So I guess what we have here is what is the definition of "checking". I would think that tax forms, whether filing married, filing separate, or married, filing married, might serve. I just don't know what they LEGALLY must check.
Seems you could have a case here. WHAT does the ATTORNEY say?
Yes, you asked this question last year. Are you having problems because he did this? Were you on the deed? Are you going to lose the house because now he is gone they are asking for their money back?
I think you got two responses last year and thats because we are laymen and have no idea the in and outs of Reversed Mortgages. You need a lawyer to straighten this out. Especially if your husband was told to put down he was single or divorced by the Mortgage company.
Thanks for letting us know that you were never on the deed of this home, despite its purchase during your marriage. That is a terrible lesson to all the rest of us. If we are in a marriage then our name needs to be on mortgage and deed when a home is bought.
You have had two attorneys now tell you that there is no option save for you to sell this home, now yours by inheritance from hubby. It has a loan that came due with his death, which is what basically a Reverse Mortgage is. Somehow without your knowledge he had been receiving monthly payments for some amount of time from this "loan". That now is due. It is another sad lesson to others: Know the finances of your marriage. You cannot afford not to.
The Reverse Mortgage company apparently, in the view of your attorneys did their own due diligence. Your husband lied. You weren't on any deed registered on public documents. They made the loan, and they sent him the money. Too late to punish HIM as he's dead; punishment enough.
I am so sorry, but take your attorney's advice, sell, pay off that loan, and use the remained to buy a less expensive place, or to rent, whichever will work for you. Very sad that hubby tricked you in this manner, and tricked the company, but they could hardly be expected to hire private detectives to check his marriages and such. They acted in good faith; he lied. And the chickens are home to roost now with this loan needing to be paid off.
This is a sad story, and I am very sorry this happened to you.
File a Complaint:
You can file a complaint with the Texas Department of Insurance and the Federal Housing Finance Agency (FHFA).
Seek Legal Advice:
Consult with an attorney specializing in reverse mortgages and consumer protection to understand your rights and options.
Key Considerations:
Honesty is Essential:
It's crucial to be truthful and transparent with lenders about your marital status and other relevant information.
Due Diligence:
Lenders should conduct thorough due diligence to verify the information provided by borrowers.
The answer is "Who knows why they didn't check?"
Maybe ask, "Why didn't my husband put my name on the mortgage? Why didn't my husband tell me about the RM? Why did my husband tell a lie that would screw me over from beyond the grave?"
Again, "Who knows?"
But you now have to move through this very distressing problem.
If you have to sell the house to pay off the RM, you won't wind up with a house no matter what. Consider letting it go into foreclosure and then walk away to begin a fresh start.
I wish you clarity, wisdom and peace in your heart that you cannot change what has transpired but that you can still have a worthwhile future.
THEY aren't the bad guys here. Hubby is. Being dead it's too late to do anything about them. There is now a loan that has come due. Attorneys were consulted. It is (sadly) over. ALL the sympathy in the world with this poor gal. She chose the wrong man. But it is done, and she can't change it. She can hate the RM company all she likes, and she can hate hubby as well. That just won't change the loan that's come due. And hatred will eat the liver....so.....