209 CMR 32.33 Requirements for reverse mortgages
Selected case law
James B. Nutter & Co. v. Murphy, 478 Mass. 664 (2018)
A reverse mortgage did not contain the formal language of "statutory power of sale," but only said that the company could “invoke the power of sale and other remedies permitted by applicable law." The SJC held that, given that this was a reverse mortgage, and not a traditional mortgage, "where the lender cannot hold the borrower personally liable for the debt, and where the lender’s only recourse on default is to obtain repayment through a foreclosure sale," "the only reasonable and practical interpretation of the mortgage was that it incorporated the statutory power of sale."
> General info, pros and cons
Approved reverse mortgage lenders and loan programs, Massachusetts Division of Banks
Lists approved lenders in Massachusetts followed by a list of inactive previously approved reverse mortgage lenders.
Home equity conversion mortgages for seniors, US Dept. of Housing and Urban Development
Provides links to detailed information for seniors and lenders
Reverse Mortgage lending for banks, credit unions, and lenders, Massachusetts Division of Banks
"Information for banks, credit unions, and lenders seeking to make reverse mortgage loans in the Commonwealth."
Reverse mortgage information for consumers, Massachusetts Division of Banks
Provides information on issues to consider and steps that must be taken to get a reverse mortgage loan.
Reverse mortgage loans, Consumer Financial Protection Bureau
CFPB provides general consumer information about reverse mortgages; the agency publishes Consumer Advisories, and has put together a Discussion Guide that reviews key concepts of reverse mortgages.
The reverse mortgage: pros and cons, Debt.org
A reverse mortgage loan can help some older homeowners meet financial needs, but can also jeopardize their retirement if not used carefully.
Reverse mortgages, AARP
Discusses the advantages and disadvantages of reverse mortgages, how they work, and other options to consider.
Reverse mortgages, Federal Trade Commission
Foreclosure of reverse mortgages, Nolo.com
Information on when a lender or servicer can foreclose on a reverse mortgage.
Protections for reverse mortgage borrowers, COVID 19 extensions. Consumer Financial Protection Bureau
> Heirs and spouses
As reverse mortgages end, heirs are left with heartache, Nick Penzenstadler, USA TODAY Updated Dec. 23, 2019
Reverse mortgages: Foreclosure protections for nonborrowing spouses, Nolo
Reverse mortgage rules might be able to protect you if your spouse passes away, but you aren't named as a co-borrower on the mortgage.
Corpus juris secundum, 59 C.J.S. Mortgages § 667 Right to foreclose; effect of death of mortgagor – Reverse mortgages, March 2020 Update
Elderlaw: Advocacy for the aging, West, chapter 22, § 42-52 Reverse mortgages.
Estate planning for the aging or incapacitated client in Massachusetts, 5th ed., MCLE, loose-leaf. Chapter 15: Nationwide Reverse Mortgage Programs
- vol. 35-36A (Consumer law), 4th ed., Thomson Reuters, 2021 with supplement, §§ 8:37, 10:66-10:69, 10:76, 28:55.
- vol. 56 (Elder law), annual, Thomson/West, § 4:20.
Mortgage lending, NCLC, 2019, Chapter 9
|Last updated:||September 23, 2022|