My advice is geared towards making sure people are most able to remain homeowners (presuming they want to be homeowners), not maintain a certain "lifestyles" by borrowing against their homes under the belief that the piper shall never have to be paid.
and it is true for the prudent homeowners that the piper will never have to be paid - BY THEM
instead, to realize the home, the heirs will have to pay off the reverse mortgage balance
and that is as it should be. the seniors should not have to reduce their standard of living because they are house poor
using a reverse mortgage, they can now cash in on their equity and enjoy it to live out their last days
Again, payments upon a reverse mortgage are not income and they are not a windfall, any more than a home equity line of credit is income or a windfall, or a cash advance on a credit card is income for that matter. It is a loan secured by collateral, i.e., the person's house. Let us at least deal with the truth of first principles before we go on to deal with what is advisable under any given person's particular circumstances.
we have already addressed the semantics of this. the "income", the proceeds of the reverse mortgage, can and should be used by the seniors to generate an income stream to supplement their social security and whatever other resources they may have. since the seniors will not be around to pay in full that reverse mortgage, it is the equivalent of a "windfall". 80% of the value of the house one lives in paid over to the residents in cash from a loan they will not have to pay back would be found a windfall to most of us
As far as the insurance and property taxes being borne by a "rational homeowners," can you not concede to the fact that perhaps in some instances, some elderly retiree might not be fully rational (or remain fully rational) while the terms of the reverse mortgage remain in full force and effect? That some elderly people might either be taken advantage of, or might lose the fullness of their faculties over time?
having been the primary caregiver of my mother and mother-in-law, both of whom suffered from dementia, i can certainly recognize that prospect. which reality should advise the family that someone needs to step in and help out the infirm senior with their financial and physical needs. that they do not is not caused by the reverse mortgage
Perhaps the elderly people of your state are some of the most rational, clear-minded, sharp-witted people on earth, and your state's attorneys are the cheapest when it comes to reviewing lending contracts for people who feel that they need the extra money. But the people here in my area who have taken out reverse mortgages and then came in to see me later did not have the foresight or the full grasp of what they were being offered when they signed for the reverse mortgage. They saw the advertisements, or were given offers of these reverse mortgages, and trusted the smiling loan brokers proffering them what was characterized as a massive amount of "income" to them. But of course, since the only people who would default on the terms are, as you imply, not rational, perhaps they deserved to lose their homes?
Bully for your state's legislature for passing sensible lending laws. But that is not the case in California. We are the wild west apparently.
again, the reverse mortgage should never be seen as a panacea which will cure dementia and/or weak financial acumen
if the senior suffers from dementia or has not shown a history of being good handling their money, then why would anyone expect them to be prudent with their money realized from a reverse mortgage or to handle their other obligations in a responsible manner
Perhaps. I try not to make assumptions. But were I asked for my advice as to whether one should take out a reverse mortgage, based on my experience, I would advise one against it.
that sounds like poor lawyering. while the reverse mortgage is not appropriate in every instance, neither is it something to refuse to consider in others. the solution should fit the clients needs and problems. as a lawyer to your clients, do you not have a fiduciary responsibility to advise what is best for their interests?
Yes. Certainly. And sometimes it is the children who not only stand to inherit no real estate, but instead they inherit their now-homeless dotty mother or father who lost their home when the reverse mortgage foreclosed and they didn't realize they had to continue paying for homeowner's insurance.
and by not looking after their parents, who needed someone to timely evaluate their circumstance, they have brought an ever larger problem upon themselves. sorry?