Fast Forward To August… Seniors Would Have Lost Their Home To Foreclosure Under New Minnesota Reverse Mortgage Law

Reverse Mortgage Saves MN Senior's HomeA couple days ago I shared the story of how the reverse mortgage was used to save Ken and Mary’s home from foreclosure.  While we were able to make this happen now in just the 3 weeks we had, if we had received the call from Ken and Mary after August 1, 2010 when the new Minnesota reverse mortgage law is in affect, the ending would be different.

Because of the new 7-day “cooling off” period requirement, Ken and Mary would have lost their home.  Why?  Because the new law requires that borrowers receive and sign a commitment and then wait 7 days before the loan can be closed.  This is in addition to the 3-day federal required rescission.

Let’s look at the timing.  The loan was underwritten and cleared on a Friday, just 5 days before the payment was needed to be in the sheriff’s office.  This, from my understanding is when the commitment would be issued.  So if the commitment was issued on a Friday, the borrowers would need to receive the commitment, sign it and return it.  Even if this was able to be implemented on Friday, the borrowers would need to wait 7 days before the closing could take place.  (I’m assuming actual days, not excluding Sundays and Holidays as the 3-day rescission period does – this has yet to be defined.)

The 7th day would be the following Friday, already 2 days past the redemption date.  Then we have the 3-day rescission period, Saturday, Monday, Tuesday.  Funding would take place on the next Wednesday.  This would have been 7 days after the redemption period.  Seven days too late!

An additional risk of delay as a result of the new law could be the counseling.  Currently reverse mortgage borrowers can receive counseling from HUD-approved counselors in the state or from a list of national counselors.

The new Minnesota law requires the reverse mortgage borrowers only receive counseling from HUD-approved counselors located in the state.  Because there are only 7 counseling agencies in the state of Minnesota, with all borrowers needing to receive the counseling from these 7 agencies, borrowers could face a longer wait time to receive their counseling.  Even now scheduling times with a counselor can be 2 to 3 weeks out.  While they make some exceptions if one is in foreclosure, there could still be a longer wait to receive the counseling, not necessarily the next day as Ken and Mary were able to receive now.

Being processing of a reverse mortgage cannot start until after borrowers have received and signed the counseling certificate, the longer time frame could also mean the seniors losing their home.

The law makers, in an effort to “protect” seniors, will be causing some seniors to lose their home to foreclosure.  Interesting enough the reverse mortgage bill was added as an amendment to the foreclosure bill.

Sad day - you're going to lose your homeI’m glad we were able to help Ken and Mary save their home.  It’s going to be a sad day come August 1st when we have to tell the “Ken’s and Mary’s” who call us and say we have 3 weeks to redeem our home from foreclosure, “Sorry, we can’t take your application, process, close and fund the loan in that time frame because there is a new law that says you have to find a counselor in Minnesota that can do your counseling tomorrow and then after the file is underwritten and ready to close you have to have a 7-day cooling off period in addition to a 3-day rescission period.”  This will break my heart.

In my opinion, one senior losing their home because of the new law and an extra unnecessary “cooling off” period is one too many!

© 2010 Beth Paterson, Beth’s Reverse Mortgage Blog, 651-762-9648

This material may be re-posted provided it is re-posted in its entirety without modifications and includes the contact information, copyright information and the following link:   http://wp.me/p4EUZQ-lA

Related articles:

Blog posts’ information is current as of date post published, program is subject to change in in the future. Contact us for current information, 651-762-9648.

This site or the information provided is not from, or approved by, HUD, FHA, or any US Government or Agency.

At The Eleventh Hour… Reverse Mortgage Used To Save MN Senior’s Home

We need a reverse mortgageThe call came it at 5:00 p.m. on a Wednesday afternoon, “We’re in foreclosure, the redemption period ends in three weeks.  We need a reverse mortgage.”  Ken and Mary, in their 60’s, were in a tight spot and about to lose their home if we couldn’t get the reverse mortgage application taken, processed, closed and funded within the three weeks to the date of the late afternoon phone call.  There were no exceptions to getting an extension of the redemption period.

Being from a smaller town, they hadn’t heard about reverse mortgages previously until they were visiting relatives in another state and heard them advertised.  When back in Minnesota they looked up reverse mortgages and found their way to us.  After an initial two-hour conversation explaining the details and terms of  the HUD insured Home Equity Conversion Mortgage (or HECM) they decided to proceed knowing their only option to save their home was the reverse mortgage… they had already checked out other options with no success.

The first thing needed was their HUD required reverse mortgage counseling.  Fortunately they were able to receive the counseling the next day.  Once we received the counseling certificate with their signatures, on Friday, the following day, the application was taken and then the processing began.  FHA Case number was assigned, title work ordered, appraisal order placed, credit report and flood certification obtained.

Then the surprises arrived.  First was a lien from Veterans Affairs that would need to be paid.  The credit report showed a judgment from a credit card debt that was also required to be paid.  Then the appraised value came in less than expected.  And the appraiser stated the roof needed repair along with another small repair.  This meant that the Ken and Mary would need to get contractor bids for the required repairs.

These factors meant a difference in the amount of reverse mortgage funds that would be available.  When the calculations were run, in order to pay off the mortgage in foreclosure, the VA lien, the judgment, and set aside funds for the repairs, Ken and Mary needed to bring money to the closing or lose their home.

HUD does not allow extra funds to be borrowed, funds need to be from the borrower’s own resources or a gift.  This caused an additional obstacle:  they had to come up with the extra money.

Determined to save their home from the foreclosure Ken and Mary worked and addressed all the issues that they faced.  Fortunately they received the gift of funds, provided the necessary gift letter and documentation.  The contractor’s bids were submitted to us and title work and payoff statements received.

Not an easy task with all the obstacles that popped up along with two weekends and a holiday falling during this time frame.  However with lots of phone calls, explanations, guidance, and scrambling to pull everything together, the file was processed and submitted to underwriting, just 12 days after the application, 14 days after the initial phone call.

Two days later the file was underwritten, conditions received, addressed and then cleared.  This was on the last day for the file to be closed in order to allow the 3-day rescission period before funding on the last day of the redemption period.   The closing department rushed to get the closing package assembled and sent to the title company in time for the Friday afternoon closing.

Reverse Mortgage Saves MN Senior's HomeThe following Wednesday, just 3 weeks after that 5:00 p.m. phone call and on the last day for Ken and Mary to redeem their home from foreclosure, the reverse mortgage was funded.  The title company representative drove to the county sheriff’s office to personally deliver the payment.  Whew, just in time.

With sighs of relief, Ken and Mary are able to stay in the home that they had built and lived in since 1972.

It took a team of many who cared enough to rush things through to save this home from foreclosure.  Besides our originator and processor, this included the counselor, the title company, the appraisal management company and appraiser, the lender’s processors, underwriter, closing and funding departments.  How rewarding this is for all of us!

© 2010 Beth Paterson, Beth’s Reverse Mortgage Blog, 651-762-9648

This material may be re-posted provided it is re-posted in its entirety without modifications and includes the contact information, copyright information and the following link:  http://wp.me/p4EUZQ-ll

Related articles:

Blog posts’ information is current as of date post published, program is subject to change in in the future. Contact us for current information, 651-762-9648.

This site or the information provided is not from, or approved by, HUD, FHA, or any US Government or Agency.