How does a reverse mortgage work when you die?

What happens to your reverse mortgage when you die will depend on several key factors, including:

• Whether you have a co-borrower on the loan agreement
• When you took out the loan (before or after August 4, 2014)
• Whether you were married when you took out the loan (and stayed married until your death)

Here’s how it works depending on your co-borrower status or if your spouse or partner is not on the loan.

1. If you have a co-borrower spouse or partner

If your spouse or partner is listed as a co-borrower, they can remain in the home without needing to pay off the loan right away. The loan continues under the original terms, allowing your co-borrower to stay until they move or pass away. The co-borrower must be able to meet the obligations of the original reverse mortgage loan agreement.

2. If your spouse or partner is not a co-borrower

If your spouse or partner is not a co-borrower, they may still be able to stay in the home if they pay off the reverse mortgage loan. However, they may also be able to stay without paying off the loan, depending on when the loan was taken out and if they can qualify as an “eligible non-borrowing spouse” under HUD rules, which may be difficult.

For reverse mortgages taken out on or after August 4, 2014

If you, the borrower, pass away or move into a healthcare facility for over 12 months, your lender or servicer will determine whether your non-borrowing spouse qualifies to stay in the home under a deferral period. To remain in the home, your spouse must meet several criteria to be considered an eligible non-borrowing spouse:

• Marriage status: They must have been married to you when the reverse mortgage was signed and stayed married to you until your death. For same-sex couples who were unable to legally marry at the time of the loan, the spouse must prove they were legally married to you at the time of your death.
• Non-borrowing spouse identification: The loan documents must identify your spouse as a non-borrowing spouse.
• Residency: They must have lived in the home when the loan was signed and continue to use it as their primary residence after your passing or long-term healthcare facility stay.
• Loan compliance: They must continue meeting all loan requirements, such as property tax and insurance payments, to avoid the loan becoming due for other reasons.

For reverse mortgages taken out before August 4, 2014

If you, the borrower, pass away or move into a healthcare facility for over 12 months, your lender or servicer has two main options: proceed with foreclosure or enter the mortgage optional election (MOE) assignment process, which may allow a qualified non-borrowing spouse to stay in the home.

• Foreclosure: If the lender chooses foreclosure or finds that your non-borrowing spouse doesn’t qualify for MOE Assignment, they are required to start foreclosure within six months of your passing. However, your spouse may request a delay of up to 180 days if they are actively working to sell the home or satisfy the debt.
• Mortgagee Optional Election (MOE) Assignment: In cases where the lender opts for MOE Assignment instead of foreclosure, your spouse must meet certain eligibility requirements to stay in the home:
  • Marriage status: Similar to loans after August 2014, they must have been married to you when the loan was signed and stayed married to you during any extended healthcare stays or until your death.
  • Residency: They must have lived in the home from the beginning of the loan and continue to live there as their primary residence after your passing or long-term healthcare absence.
  • Identification and compliance: They must provide a Social Security number or Tax Identification Number, agree to forgo any further reverse mortgage payments, and keep up with all loan obligations, including property taxes and homeowner’s insurance.

3. If you have heirs

According to the Consumer Financial Protection Bureau (CFPB), if your heirs want to keep your house after you and your spouse pass away, they will have to repay either the full loan balance or 95% of the home’s appraised value, whichever amount is less. In the next section, we’ll take a look at what each payoff option looks like.