Seniors and retirees who haven't worked for many years may face the challenge of limited income from savings and investments. Although they own their home outright, they find themselves house-rich but cash-poor. As a result, they might experience financial struggles when they have inadequate cash to meet their financial needs.
A reverse mortgage can help those with limited cash flow by allowing homeowners to borrow against the value of their homes. A reverse mortgage is a type of mortgage loan intended for homeowners age 62 or older with significant 澳洲幸运5官方开奖结果体彩网:home equity.
Homeowners can receive the loan proceeds as a lump sum, fixed monthly payment, or 澳洲幸运5官方开奖结果体彩网:line of credit. Unlike a traditional mortgage, where the borrower makes monthly payments to repay the loan, a 澳洲幸运5官方开奖结果体彩网:reverse mortgage pays the borrower. The loaned money becomes due only after they die, move out of the home permanently, or sell it.
A 澳洲幸运5官方开奖结果体彩网:reverse mortgage can benefit those needing income or cash in retirement. However, troubling issues have surfaced reg🌠arding the practic🍬es of reverse mortgage advertising. Read on to learn about the federal and state regulations that exist to protect consumers.
Key Takeaways
- Federal laws—including the Mortgage Acts and Practices Advertising Rule (MAPs Rule), the Truth in Lending Act (TILA), and the Consumer Financial Protection Act of 2010—control the practices used when advertising reverse mortgages.
- These rules forbid deceptive claims in mortgage advertising and other commercial communications sent to consumers by mortgage brokers, lenders, services, and advertising agencies.
- Several states have also passed laws to control reverse mortgage advertising.
- Despite these rules, the Consumer Financial Protection Bureau (CFPB) has raised concerns regarding reverse mortgage advertising practices.
- Consumers should be wary of advertisements that present reverse mortgages as a source of income or government benefit; reverse mortgages are loans.
Problems With Reverse Mortgage Advertising
Unfortunately, there appears to be no shortage of fraudsters targeting seniors and their money, including 澳洲幸运5官方开奖结果体彩网:reverse mortgage scams.
That aside, reverse mortgages have 澳洲幸运5官方开奖结果体彩网:inherent risks which every potential borrowerꦬ must consider. For example, it's possible that after a homeowner's death, ꧂the remaining spouse or children might lose the family home. Potential fees (closing and ongoing) can also affect your liquidity.
Harmful Advertising
There have been instances in which 澳洲幸运5官方开奖结果体彩网:reverse mortgages have been described or advertised with false claims.
For example, a California-based 澳洲幸运5官方开奖结果体彩网:reverse mortgage broker falsely told potential customers that a 澳洲幸运5官方开奖结果体彩网:reverse mortgage would mean no payments. The broker further claimed that borrowers would not be subject to costs associated with refinancing a reverse mortgage.
On the contrary, people who take out a 澳𒈔洲幸运5官方开奖结果体𓃲彩网:reverse mortgage incur a range of costs, including fees for closing, appraisals, title insurance, and property, insurance, and maintenance fees.
Because of consumer confusion, some states have passed laws prohibiting what lenders can and cannot say when promoting 澳洲幸运5官方开奖结果体彩网:reverse mortgages. These rules are in addit💫ion to federal regulations that control the advertising practices of mortgages.
Moreover, the CFPB has repeatedly raised concerns about the advertising practices used for 澳洲幸运5官方开奖结果体彩网:reverse mortgages. In a 2015 report, the agency stated that after viewing advertisements for reverse mortgages, “consumers were 澳洲幸运5官方开奖结果体彩网:confused about reverse mortgages being loans, and they were left with false impressions that they are a government benefit or that they would ensure consumers could stay in their homes for the rest of their lives.”
Federal Laws on Reverse Mortgage Advertising
Mortgage advertising is a heavily regulated part of the financial services market. In part, that's because property is usually the single biggest purchase that most people will ever make.
Broad Regulation
Federal laws exist regulating mortgage advertising to prevent unscrupulous lenders from taking advantage of borrowers. The most important of these laws are the Mortgage Acts and Practices Advertising Rule (MAPs Rule), the 澳洲幸运5官方开奖结果体彩网:Truth in Lending Act (TILA), and the 澳洲幸运5官方开奖结果体彩网:Consumer Financial Protection Act of 2010.
The MAPs Rule, also known as 澳洲幸运5官方开奖结果体彩网:Regulation N, controls the methods used when advertising mortgage services, making deceptive claims illegal.
Specific FHA Reverse Mortgage Regulation
The vast majority of 澳洲幸运5官方开奖结果体彩网:reverse mortgages in the United States are 澳洲幸运5官方开奖结果体彩网:home equity cꩵonversion mortgages (HE𒊎CMs), which the 🌳澳洲幸运5官方开奖结果体彩网:Federal Housing Administration (FHA) insures.
Specific rules exist that apply to 澳洲幸运5官方开奖结果体彩网:reverse mortgages. The FHA regulates the advertising of FHA-backed loans. For example, lenders must explain all requirements and features of the HECM program in clear, consistent language to consumers.
The 澳洲幸运5官方开奖结果体彩网:Federal Trade Commission (FTC) and the CFPB oversee the federal laws relating to reverse mortgage advertising. Both agencies have taken action against 澳洲幸运5官方开奖结果体彩网:mortgage lenders for false claims associated with 澳洲幸运5官方开奖结果体彩网:reverse mortgage advertising.
Warning
The CFPB urges older Americans to watch for misleading or confusing 澳洲幸运5官方开奖结果体彩网:reverse mortgage advertisements. Customers should remember that reverse mortgages are loans, and without a financial plan, you may 澳洲幸运5官方开奖结果体彩网:outlive the loan proceeds.
State Laws on Reverse Mortgage Advertising
In addition to federal legislation, several states have passed laws limiting the practices of reverse mortgage advertising. Some of these laws, such as those in North Carolina, aim to further restrict the ability of reverse mortgage lenders to misrepresent how these loans work.
Others, such as the laws in effect in Oregon, define and require several 澳洲幸运5官方开奖结果体彩网:disclosures—important pieces of information that the lender must communicate to the potential borrower—and specify that these must be prominent and not just appear in the 澳洲幸运5官方开奖结果体彩网:fine print.
A number of states, rather than prohibiting certain types of advertising, have sought to protect consumers by enhancing the counseling session that all potential HECM borrowers must attend.
The U.S. 澳洲幸运5官方开奖结果体彩🅠网:Department of Housing and Urban Development (HUD) requires that all prospective HECM borrowers complete this 澳洲幸运5官方开奖结果体彩网:counseling session. HUD requires 澳洲幸运5官方开奖结果体彩网:the counselors to detail the 澳꧙洲幸𒆙运5官方开奖结果体彩网:pros and cons of taking out a reverse mortgage.
How Does the Government Control Reverse Mortgage Advertising?
Strict controls exist for 澳洲幸运5官方开奖结果体彩网:reverse mortgage advertising, and several federal laws prohibit lenders ꦿfrom making deceptive claims in their advertising. These include the Mortgage Acts and Practices Advertising Rule (Regulation N), the Truth in Lending Act (TILA), and the Consumer Financial Protection Act of 2010.
What Is an Example of Reverse Mortgage False Advertising?
The CFPB has found that 澳洲幸运5官方开奖结果体彩网:reverse mortgage advertisements left consumers confused about 澳洲幸运5官方开奖结果体彩网:reverse mortgages being loans, whether they were a government benef🍌it, and whether they ensured that consumers could stay in their homes for the rest of their lives.
Who Regulates Reverse Mortgage Companies?
At the federal level, the CFPB, the Department of Housing and Urban Development (HUD), and the Federal Trade Commission (FTC) regulate 澳洲幸运5官方开奖结果体彩网:reverse mortgag💟e lenders’ activities. Additionally, some states have passed laws controlling the 澳洲幸运5官方开奖结果体彩网:practices of reverse mortgage advertising.
The Bottom Line
Federal and state laws control reverse mortgage a🅰dvertising. They make it against the law for mortgage brokers, lenders, servicers, and advertising agencies to make deceptive claims in mortgage adverti🐈sing and other commercial communications sent to consumers.
Despite these rules, theꦡ CFPB has been concerned about the methods used to ꩲpromote reverse mortgages. Therefore, consumers should be wary of advertisements that present this product as a source of income or a government benefit. Reverse mortgages are loans and should be treated as such.