Posts Tagged ‘Texas’

Texas Constitution Blocks HECM for Purchase Transactions

Monday, July 6th, 2009

HECM for Purchase transactions may be legal in 49 states… but not in Texas.  Due to protections against homesteading in the Texas Constitution, a constitutional ammendment will be required in order to legalize HECM for Purchase transactions. Right now, the borrower must own the equity in the home before a reverse mortgage can be applied for.

Variations in the Texas Constitution are nothing new. Although reverse mortgages have been around since 1961, they did not become legal in Texas until 1999. Now, the Texas Mortgage Lenders Association will seek a constitutional amendment in the summer of 2011, meaning it may be three years before buyers in Texas are eligible for the program.

While these additional protections are perhaps unsurprising, it is also fair to say that many did not see the hecm for purchase program coming.  And the Texas Constitution was created long before reverse mortgages were.  Ideally, the state of Texas will be able to change their Constitution soon in order to allow elderly borrowers to benefit from the program, especially as the country emerges from its recession. But realistically, the 2012 estimate given in the article is more realistic.

Reverse Mortgage Fraud Part 2: The Power of Attorney

Saturday, March 14th, 2009

Yesterday we discusssed the potential for reverse mortgage fraud through questionable occupancy.  Today, we will discuss a far more serious type of  reverse mortgage fraud– fraud through power of attorney.

The power of attorney is when an individual is legally authorized to act for another individual with trust and confidence.  However, this can pose a problem in the case of reverse mortgages if the homeowner did not want to take out the reverse mortgage or if the money from the reverse mortgage is funneled improperly, amongst other things.

While it is important for both seniors and lenders to be on guard against this type of reverse mortgage fraud, it is particularly easy for lenders to take action.  Lenders should make sure that the person who gave power of attorney really gave it, as it is something that can be forged.  The person who is taking out the reverse mortgage should also still have an understanding of what it is they are doing.  Brokers generally recommend writing letters of explanation containing the reasons behind a power of attorney to help answer any questions that others might have and prevent the process from being held up unnecessarily.  An investigation into the circumstances can often uncover whether the power of attorney is legitimate or fraudulent.

Seniors should do their best to educate themselves and know the facts behind a reverse mortgage. They should make sure that it is clear to whomever holds power of attorney, as well as their broker, whether or not they consent to the reverse mortgage.