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Senior Housing Advicewith Bucky Cordray

Reverse mortgage after a parent dies: what Oklahoma heirs need to do

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When the last borrower on a reverse mortgage dies, the loan usually comes due, and the servicer gives the heirs a set time to pay it off, sell the house, or hand it back. Heirs generally don't have to repay more than the house is worth, so any equity above the loan balance belongs to the estate. The deadlines are short, so call the servicer early and tell them what the family plans to do.

A parent took out a reverse mortgage years ago. Now they have died, and a letter from the loan servicer says the loan is "due and payable." Families often worry they now owe a bank a large sum. Usually, that isn't how it works.

This guide walks Oklahoma heirs through what happens next. It is part of our guides to estate solutions. We're not lawyers or lenders. Your probate attorney and the loan servicer have the final word on your case, and HUD sets the rules for the federal loan.

The short answer

Most reverse mortgages are the federal kind, called a Home Equity Conversion Mortgage, or HECM. A HECM is for homeowners 62 and older who live in the home, and HUD requires a counseling session before the loan is made.

When the last borrower dies, the loan generally comes due. The family then has three real paths:

  • Keep the house by paying off the loan, usually with a new mortgage or savings.
  • Sell the house and pay off the loan from the sale. Anything left over goes to the estate.
  • Hand the house back to the lender, if there is no equity worth saving.

On a HECM, heirs generally don't have to repay more than the house is worth. That is the part most families don't know, and it changes how the choice looks.

Not every reverse mortgage is a HECM. A private reverse mortgage can have its own terms. The first page of the loan papers, or a call to the servicer, will tell you which kind you have.

Why the loan comes due now

A reverse mortgage pays the owner instead of the owner paying the bank. Nothing is due while the borrower lives in the home and keeps up the taxes, insurance, and upkeep. Interest keeps adding to the balance every month instead.

The loan generally comes due when the last borrower no longer lives there. Under HUD rules that includes 12 months in a row away from the home for health reasons, so for some families the loan came due before the death, when a parent moved into care. Our guide to paying for care in Oklahoma covers that side.

After a death, the servicer sends the heirs or the estate a notice that the loan is due. That letter starts the clock. The probate does not.

The deadlines heirs face

HUD sets the timeline for a HECM. These are the usual steps. Ask the servicer to confirm each date for your loan in writing.

StepUsual timing on a HECMWhat to do
The servicer's due noticeSoon after the servicer learns of the deathOpen it, and call the number on it
Tell the servicer your planAbout 30 days from the noticeSay whether you will pay off, sell, or hand back the house
Pay off or sellAbout six months from the noticeList the house, or line up a new loan
Extra timeUp to two 90-day extensions, if HUD approvesShow proof you are selling: a listing, an offer, a contract
ForeclosureCan start if the deadlines pass with no planCall the servicer before this point, not after

Six months sounds like plenty. In a probate it isn't much. The court has to appoint a personal representative before anyone can sign for the estate, and a court-approved sale can add several weeks between a signed contract and closing. Our guide to how long probate takes in Oklahoma lays out each step. This is why the servicer call should happen in the first week or two, not after the funeral paperwork is done.

Your choices for the house

Keep it. An heir who wants the house can pay off the loan. On a HECM, HUD generally lets heirs pay the lower of the full loan balance or 95% of the house's current appraised value. So if the loan has grown past what the house is worth, keeping it may cost less than the balance on the statement. Most heirs who keep the house get a new mortgage in their own name to do it.

Sell it. This is the most common path. The house is sold, the loan is paid from the sale, and any money left goes to the estate, then to the heirs. You can list the house, or sell it as-is to a direct buyer. If the house needs work, an as-is sale avoids paying for repairs on a deadline. You can see what each option would net before you decide.

Hand it back. When the house is worth less than the loan and nobody wants it, the family can sign the house over to the lender instead of waiting for foreclosure. This is often called a deed in lieu of foreclosure. It ends the matter without a sale.

Do nothing. This is the one to avoid. If the deadlines pass with no plan, the servicer can foreclose, and that can wipe out equity that should have gone to the estate.

If the house is worth less than the loan

Reverse mortgage balances grow over time, so this happens. On a HECM, the loan is generally "non-recourse": the lender can look to the house to be repaid, and not to the heirs or the estate's other money. If the house sells for less than the balance, the federal insurance on the loan generally covers the difference.

Before you decide the house has no equity, get a current value. An older appraisal, or the balance on the servicer's statement, may not tell you what the house would sell for today. Ask the servicer for a payoff statement, and get your own idea of value from a Realtor or a buyer. Sometimes the house is worth more than the family assumed, and that money belongs to the estate.

When a spouse still lives in the house

If the parent who died was married, the surviving spouse may not be on the loan. Some HECMs let a spouse who isn't a borrower stay in the house after the borrower dies, if that spouse was named in the loan papers and meets HUD's rules. This is often called a non-borrowing spouse.

The rules are strict and the paperwork matters. If this is your family, call the servicer right away, and talk to an attorney before anyone signs anything.

How probate fits in

The servicer will usually want to talk with whoever has legal authority over the house. In a probate, that is the personal representative, and they need the court's letters before they can sign for the estate. Until then, a family member can still call the servicer to report the death and ask for the deadlines in writing.

A few Oklahoma points to raise with your attorney:

  • A transfer-on-death deed doesn't erase the loan. Under 58 O.S. §1255, the beneficiary takes the house subject to mortgages and liens. Read more about transfer-on-death deeds.
  • Joint tenancy. If the house was owned as joint tenants with right of survivorship, the surviving owner may already hold it without probate. Whether they can stay depends on whether they were on the loan.
  • A lender can foreclose during probate. An open probate doesn't stop the servicer's clock (58 O.S. §333).

While you wait, tell the insurance company the house is empty, since many policies limit coverage once a home sits vacant 30 to 60 days.

Questions to ask the servicer

Call the number on the servicer's letter, and have the loan number ready. Take notes, and ask for answers in writing:

  • Is this a HECM, or another kind of reverse mortgage?
  • What is the payoff amount today, and how fast is it growing?
  • What are our deadlines, and from what date do they run?
  • What do you need from us to ask HUD for more time?
  • If we keep the house, what would the payoff be under the 95% rule?
  • Is there a spouse or other person with a right to stay?

Where we fit

Our part is the house. When an estate has a reverse mortgage deadline, we find heirs, coordinate signatures, handle the cleanout and repairs, and keep the estate's attorney informed at each step. Our cleanout and repair costs come back at closing, not up front.

If you sell, Bucky can list the house as a licensed Oklahoma Realtor through Waypoint Realty, or KRE Group can make a direct as-is offer. Call or text (918) 317-2874 to talk through your deadlines. If your family already has a plan, that's fine. We're not asking you to sell anything.

KRE Group may also make a direct cash offer on a property; you are always free to list with any agent or accept other offers.

Common questions

Do heirs have to pay back a reverse mortgage?

Only if they want to keep the house. A federal reverse mortgage (a HECM) generally lets heirs keep the house by paying off the loan, or walk away by selling it or handing it back. Heirs generally don't owe more than the house is worth. Check the terms with the servicer, because a loan that isn't a HECM can work differently.

How long do heirs have after the borrower dies?

On a HECM, heirs usually get a short window to tell the servicer their plan, then a few months to sell or pay off the loan, and the servicer can ask HUD for more time if the family is actively selling. Ask the servicer for every deadline in writing, because the clock starts with their letter, not with the probate.

What if the house is worth less than the reverse mortgage?

On a HECM, the heirs generally don't have to make up the difference, and the federal insurance on the loan covers the shortfall. The family can sell the house for what it's worth, or sign it back to the lender. Get the rule in writing from the servicer before you decide.

Can Dad stay in the house if Mom had the reverse mortgage?

Sometimes. A spouse who is not on the loan may be able to stay if they were named in the loan papers and meet HUD's rules. Call the servicer right away to ask, and talk to an attorney. For help with the house itself, call or text (918) 317-2874.

A family we helped

Probate

Four heirs, scattered, and a foreclosure deadline

Situation
Four heirs lived far apart. One was deployed with the military and one was incarcerated. A bank foreclosure deadline was coming.
What we did
We located each heir and coordinated every signature, including the two who could not easily be reached.
Outcome
The house sold before the bank's foreclosure deadline.

Read the full story

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