Bankrate’s recent article entitled “Does the home you inherited include a mortgage?’ explains that when a family member dies, there can be questions about wills, inheritances and how best to settle financial affairs. It can be a stressful time, and complicated, especially when real estate is a part of the equation. Let’s look at some specific situations and how to address them.
Inheriting a mortgage. In many instances, a person will inherit both a home and the mortgage that goes with it. If that’s the case, ask for help from an attorney who specializes in elder law or estate planning. Even though the borrower died, the mortgage still must be repaid. Therefore, if you’ve inherited it, you’ll have to decide how the loan and property will be handled. If you move into the home, you may be able to assume the mortgage and continue paying it. You might also think about a cash-out refinance and pay that way. You can also sell the home. Heirs have a good deal of leverage dealing with a mortgage in an estate situation thanks to federal law, which can help them assume an existing loan. You should ask your attorney about estate taxes and capital gains taxes from a sale.
Assuming a mortgage. Typically, if you’re assuming the loan, the lender will be willing to work with you. Mortgages frequently have a “due-on-sale” or “due-on-transfer” clause that requires full repayment of the loan, in the event of a change in ownership. In certain estate situations, federal law prevents the lender from calling the loan, even if it has such a clause. Surviving spouses also have special protections to ensure that they can keep an inherited home.
Inheriting a reverse mortgage. If the home involves a reverse mortgage or a Home Equity Conversion Mortgage (HECM), your options vary according to the circumstances of the borrower who died. If you inherited a reverse mortgage from a parent, your options include the following:
- Paying off or refinancing the balance and keeping the home
- Selling the home for at least 95% of the appraised value; or
- Agreeing to a deed in lieu of foreclosure.
There is a six-month window for the balance to be repaid. This can be extended, if the heir is actively trying to pay off the debt. If the reverse mortgage isn’t paid off after a year, the lender is required by HUD to begin the foreclosure process. This has negative connotations. However, it is a normal part of settling a reverse mortgage, once the last borrower or non-borrowing spouse passes away. If you’re a surviving spouse, and you’re on the reverse mortgage, nothing will change.
If the mortgage is underwater. If the value of the inherited home is less than the outstanding mortgage debt, the home has negative equity or is “underwater.” If the mortgage is a non-recourse loan (the borrower doesn’t have to pay more than the value of the home), the lender may have few options outside of foreclosure. The same usually applies for a reverse mortgage: the most that will ever have to be repaid, is the value of the home. The heirs are fully protected, if the home isn’t worth enough to pay off the entire HECM balance.
When there’s no will. If a borrower dies without a will, there will be more complications and expense when handling a home with a mortgage (or any other assets). Talk to an experienced estate planning attorney regarding your specific situation.
The attorneys and team at Nickerson Law Group help families with estate planning, probate, guardianship, and special needs trust planning in Austin, Cedar Park, Round Rock, Georgetown, Lakeway, Bee Cave, Dripping Springs and the central Texas area. For more information and to learn about our firm, visit Nickerson Law Group’s website. www.estateplanningaustintexas.com.
Reference: Bankrate (Oct. 22, 2020) “Does the home you inherited include a mortgage?’