Key Insights on Reverse Mortgages for Homeowners

A reverse mortgage is an intriguing financial product tailored predominantly for homeowners aged 62 or above, enabling them to transform a portion of their home equity into cash. Contrary to conventional mortgages where homeowners remit payments to lenders, reverse mortgages entail lenders disbursing funds to homeowners. This disbursement may take the form of a lump sum, regular monthly payments, or a line of credit.

This financial mechanism necessitates securing the reverse mortgage with a first trust deed, implying that any existing loans must be cleared with separate finances or the reverse mortgage's proceeds. Borrowing capacity hinges on age—the older the applicant, the higher the borrowable amount and the lower the applicable interest rate. The intricate rules governing these mortgages also consider the borrower's existing debt type.

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Upon repayment of a reverse mortgage, accrued interest is a critical element of the total loan payoff, with some of that interest potentially being deductible. Below are pivotal tax and financial implications of reverse mortgages.

Proceeds

  • Taxability: According to the IRS, reverse mortgage funds—received as a lump sum, credit line, or monthly installments—are treated as loan proceeds and are, therefore, non-taxable income.

  • Impact on Social Security and Medicare: Since these payments aren't classified as income, beneficiaries of Social Security or Medicare aren't affected by them, nor do these provisions alter income-based tax stipulations.

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Limited Interest Deduction

  • When Interest is Deductible: In contrast to traditional mortgages, interest on reverse mortgages is deductible only upon full repayment of the loan, typically alignment with the house's sale or the final borrower's demise.

  • Form 1098: Form 1098 will be issued by the lender to report interest paid during the year the mortgage is settled.

  • Purpose of Loan Determines Deduction: Deductions often apply if the loan was utilized to "buy, build, or considerably enhance" the home (IRC Section 163(h)(3)). For many borrowers who direct the funds towards everyday expenses, interest may not be deductible even upon loan repayment.

  • Accrued Reverse Mortgage Interest: The potential deductibility of accrued interest upon repayment follows certain conditions—interest on equity debt since 2017 hasn't been deductible. However, refinancing framework may influence eligibility for a proration of accrued interest as deductible acquisition debt.

  • Who Can Deduct Accrued Interest: Depending on circumstances, the repayment party—be it borrower, estate, or heirs—can claim the deduction, respecting the outlined stipulations.

    • Borrower: Deducts when paying off while residing in home.
    • Estate: Can deduct on its tax return if repaying after borrower's death.
    • Heirs: If inheriting and covering the mortgage, they may deduct interest on their personal returns.

Limitations on Deductibility

  • Loan Cap Limitation: Regardless of fund utilization for home enhancements, interest deduction might be constrained by IRS limits on home equity debt, establishing a ceiling of $750,000 for loans post-December 15, 2017, and $1 million pre-dating that.

  • Documenting Fund Usage: Receipts and invoices proving use of reverse mortgage funds towards home improvements are vital for maintaining deductible status.

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Potential Impact on Benefit Eligibility

  • Medicaid and SSI Concerns: Given that reverse mortgage funds are categorized as assets, they might jeopardize qualification for means-tested aid such as Medicaid or Supplemental Security Income (SSI), unless promptly spent.

Ongoing Borrower Obligations

  • Property Taxes and Insurance: Even with a reverse mortgage, borrowers bear the responsibility for property taxes, homeowners’ insurance, and other property-related costs. Negligence here could instigate default or foreclosure.

  • Financial Assessment: A prerequisite is a thorough financial assessment by lenders to judge how borrowers will sustain these costs. For those with prior late payment tendencies, funds might be allocated into a Life Expectancy Set-Aside (LESA) to ensure coverage of these expenses.

Heirs’ Considerations

  • Non-Recourse Clauses: Many reverse mortgages, particularly FHA-insured Home Equity Conversion Mortgages (HECMs), are "non-recourse" loans which assure heirs need not pay more than the home's worth, even if the loan balance surpasses selling value. FHA insurance bridges any gap.

  • 95% Rule: Heirs can procure the home for 95% of its appraised worth or the owed loan balance, whichever prevails, safeguarding against excessive debt.

  • Capital Gains Considerations: Selling a home constrained by a reverse mortgage is subject to typical capital gains regulations. Heirs benefit from a "stepped-up" basis, potentially minimizing or nullifying taxable gains.

Reverse Mortgage Drawbacks

While they provide financial leeway, reverse mortgages aren't absent drawbacks. Continuous interest accrual inflates loan liabilities, shrinking available equity. Moreover, persisting obligations for property taxes, maintenance, and insurance defaults can precipitate foreclosure threats. Reverse mortgages bear elevated fees and closing costs vis-à-vis conventional loans, rendering them impractical for those contemplating imminent relocation. Thus, a thorough evaluation of their advantages and disadvantages is prudent.

For further inquiries or assistance, please contact our office.

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