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Essential Insights on Reverse Mortgages for Homeowners

Reverse mortgages present an appealing option for older homeowners (62+), enabling them to access their home equity as cash flow. Unlike a traditional mortgage, where the homeowner pays a lender, reverse mortgages flip the script: the lender provides funds to the homeowner through methods like lump sums, monthly payments, or lines of credit.

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Reverse mortgages must have a first trust deed as collateral, requiring any existing loans to be cleared with separate funds or the reverse mortgage itself. Interestingly, the borrowable amount hinges on the borrower's age, with older homeowners eligible for more funds at potentially lower interest rates. However, the qualification criteria can be complex, often dictated by the current debt scenario of the applicant.

When the reverse mortgage is settled, accrued interest, which might sometimes be deductible, must be addressed alongside the loan balance. Here, we delve into the associated tax and financial nuances.

Proceeds

  • Tax Implications: As per the IRS, earnings from reverse mortgages, regardless of their form, are considered loan proceeds rather than taxable income.

  • Influence on Social Security and Medicare: Since such proceeds aren't treated as income, they won't impact Social Security or Medicare benefits or income-based tax stipulations.

Interest Deductions

  • Deductible Upon Payment: Unlike conventional mortgages, interest on reverse mortgages is deductible only upon complete repayment, triggered by home sales or the borrower's demise.

  • Form 1098 Reporting: Lenders will issue a Form 1098 documenting interest paid upon mortgage settlement.

  • Purpose-driven Deduction Limit: Deductions primarily apply when loan proceeds enhance home acquisition or improvements (under IRC Section 163(h)(3)). For general expenses, deductions are typically invalid.

  • Accrued Interest Considerations: Evaluating deductible accrued interest involves various considerations. Post-2017, equity debt interest isn't deductible; conversely, when refinancing acquisition debt, interest may become partly deductible post-repayment.

  • Eligibility to Claim Deductible Interest: The entity repaying the loan—whether borrower, estate, or heirs—can claim deductions, governed by eligibility criteria.

    o Borrower: Living borrowers who settle loans can claim interest deductions.

    o Estate: If the estate settles post-mortem, it may claim deductions on its tax return.

    o Heirs: Heirs inheriting and repaying the home loan can deduct interest on personal income tax returns.

Deduction Limitations

  • Loan Cap Constraints: Even when enhancing homes, deductions might be constrained by IRS debt cap regulations—with thresholds at $750,000 (post-2017) and $1 million (pre-2017).

  • Documenting Fund Utilization: Supporting documentation—receipts, invoices—attesting to fund use for home improvements is crucial for deduction validation.

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Potential Effects on Means-tested Benefits

  • Medicaid and SSI Risks: Reverse mortgage funds, classified as assets, risk eligibility for benefits like Medicaid/SSI if held as significant unspent cash. Rapid spending post-receipt mitigates this risk.

Borrower Obligations

  • Taxes and Insurance Responsibilities: Borrowers must continue covering property taxes, insurance, and upkeep to avoid default risks that could lead to foreclosure.

  • Financial Evaluation: Lenders assess borrowers' fiscal capacity to manage ongoing obligations. History of late payments can result in a Life Expectancy Set-Aside (LESA) to ensure these expenses are covered.

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Heir Considerations

  • Non-recourse Loans: Many reverse mortgages, notably all FHA-insured Home Equity Conversion Mortgages (HECMs), ensure heirs don't owe beyond home value—even if liabilities surpass the sale price, with FHA insurance cushioning excesses.

  • 95% Purchase Option: Heirs may acquire the home at 95% of its appraisal or loan balance, whichever is cheaper, safeguarding against excessive inherited debt.

  • Capital Gains on Sale: Reverse-mortgaged properties adhere to standard capital gains tax rules. Inherited properties get a "stepped-up" basis, often mitigating or eliminating capital gains tax upon swift sale post-inheritance.

Reverse Mortgage Drawbacks

While reverse mortgages provide cash flow flexibility, growing interest accrual elevates loan balances, depleting equity for borrowers and heirs. Additionally, failure to fulfill tax, insurance, and maintenance duties can provoke foreclosure risks. Reverse mortgages involve fees, potentially outstripping traditional mortgages. Relocation plans necessitate careful trade-off assessments of pros and cons.

For further inquiries or assistance, feel free to reach out to our office.

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