Update: Plaintiffs filed a motion for preliminary injunction on March 31, 2011.
On April 5, 2011, in response to this suit, HUD issued Mortgagee Letter 2011-16, withdrawing the improper changes plaintiffs detailed in their complaint, and HUD also directed lenders to halt pending foreclosure actions against the plaintiffs.
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On March 8, 2011 Mehri & Skalet and the AARP Foundation filed suit against the U.S. Department of Housing and Urban Development (HUD). Plaintiffs alleged that hundreds, and possibly thousands, of seniors whose spouses obtained HUD-insured reverse mortgages on their homes were facing foreclosure due to improper changes in HUD’s rules governing reverse mortgages. These changes conflicted with the authorizing legislation at the time that the senior homeowners took out their loans. In addition, the suit claims that HUD completely ignored the requirements of the Administrative Procedures Act, which requires an opportunity for public comment and debate prior to changing such rules.
Reverse mortgages allow property owners who have significant equity in their homes the option of receiving a loan or monthly payment for the remainder of their life. A reverse mortgage is secured by the property and is payable only upon their death or if they no longer occupy the property.
Congress passed legislation creating the Home Equity Conversion Mortgage (HECM) program, providing insurance and establishing ground rules for borrowers and lenders. Loans through the HECM program have always been treated as “non-recourse loans,” meaning that even if the property value diminished after the loan was issued, the borrower would never owe more than the current market value of the property. In 2008 HUD changed this understanding, making spouses and heirs pay the full mortgage balance if they wanted to retain the property, even if this amount was greater than the value of the property. HUD enforced this change retroactively, applying it even to existing mortgage agreements that reflected HUD’s previous interpretation of HECM mortgages as non-recourse loans.
News coverage of this case:
- Seniors Group Sues HUD Over Reverse Mortgages
Reuters, March 8, 2011 - U.S. Sued by Widowers Challenging Reverse-Mortgage Loan Policy
Bloomberg News, March 8, 2011 - HUD Sued Over Reverse-Mortgage Rules
Market Watch, March 8, 2011 - HUD Sued By AARP Over Reverse Mortgage Rule Change
Mortgage News Daily, March 9, 2011 - Reverse Mortgage Reversal Puts Elders Into Foreclosure
The Atlantic, March 10, 2011 - AARP Sues U.S. Over Effects of Reverse Mortgages
The New York Times, March 10, 2011 - A Red Flag On Reverse Mortgages
The New York Times, March 11, 2011
Coverage of Impact
- Good News for Spouses of Reverse Mortgage Holders
The New York Times, April 7, 2011 - Despite HECM Program Change, AARP Lawsuit Against HUD Moves Forward
Reverse Mortgage Daily, April 7, 2011