The first major tax issue is when and if you can deduct the reverse mortgage interest. The first $100,000 of the loan balance will usually qualify as home equity debt under our beloved Internal Revenue Code, and you can generally claim an itemized deduction for the interest up to that amount. However, no write-off is allowed under the alternative minimum tax rules unless you spend the loan proceeds on improving your home. In any case, you can’t deduct any interest until it’s actually paid in cash (as opposed to just being added to the loan balance). You may be in a far better place by the time your reverse mortgage and all the accumulated interest gets paid off, so I would not give much weight to the interest deduction.

The second major tax issue is relevant if selling your home would result in a gain that dwarfs what you could exclude under the tax rules ($250,000 for singles, $500,000 for married joint-filing couples). If taking out a reverse mortgage allows you to hang onto your valuable property until either you or your spouse dies, your heirs might be entitled to a big tax basis step-up that could reduce or eliminate any taxable gain when the property is finally sold. In some cases, the tax savings could be far higher than all the costs associated with the reverse mortgage. Talk to your tax pro if you think this consideration applies to you.

Source: Would a Reverse Mortgage Affect My Taxes? - Personal Finance - Taxes - SmartMoney.com http://www.smartmoney.com/Personal-Finance/Taxes/would-a-reverse-mortgage-affect-my-taxes/

Also visit other helpful reverse mortgage sites:
Reverse Mortgage Requirements
Reverse Mortgage Calculation
Reverse Mortgage Fraud
Reverse Mortgage Magazine

As lawmakers continue to file debate the Restoring American Financial Stability Act of 2010 (S. 3917) amendments, Senator Claire McCaskill (D-MO) and Senator Herbert Kohl (D-Wis) have introduced S.A. 3941, an amendment that would give the proposed Consumer Finance Protection Agency the authority to establish strict rules governing the sale of reverse mortgages.

More details coming soon…

The national FHA loan limit for the HECM program in 2010 remains at $625,500 (150 percent of the national conforming limit). In the special exception areas (AK/HI/GU/VI), the maximum claim amount on HECM mortgages is the same $625,500 limit as in all other areas. The loan limit shall be effective for all HECMs that have been assigned a FHA case number on or after the effective date of this Mortgagee Letter.

As an attorney, Cannon has advised banks, bank regulators and individuals, especially regarding Home Equity Conversion Mortgages, commonly known as “HECMs”. He has overseen nearly 2,000 reverse mortgage closings. Prior to joining NGFS, Cannon was a principal of The Equitas Group, a group of companies he founded that develop private label reverse mortgage programs for community banks and conduct reverse mortgage title closings. Cannon is also a Lecturer at Suffolk University’s Sawyer Business School in Boston.

“Rob is an ideal fit for NGFS,” said Daniel Schmedlen, General Counsel for NGFS parent company LTC Global, Inc. “He has comprehensive knowledge of the increasing regulatory compliance demands the industry faces and has experience in improving the operational efficiency and service quality of reverse mortgage operations, particularly through automation of workflow processes. Cannon has a solid vision of where the industry is heading and how NGFS can play a leading role.”

About NGFS NGFS, headquartered in Baltimore, is a national distributor of reverse mortgage products. NGFS was founded in 2001 and currently operates as a division of 1st Mariner Bank.

“Ginnie Mae – whose securities carry the full faith and credit of the U.S. government – has been quick to modify and create securitization products that provide additional liquidity to help stabilize the U.S. housing market,” said Thomas R. Weakland, Ginnie Mae’s Acting Executive Vice President. “And for the past 11 months we’ve consistently shown – with industry-wide low Single-Family delinquency rates – that our conservative approach to risk-taking is working for U.S. taxpayers.”

The Governor has signed the following bills:

* AB 329 by Assemblymember Mike Feuer (D-Los Angeles) to establish the Reverse Mortgage Elder Protection Act of 2009 to provide senior homeowners with greater consumer protections, ensuring they are fully informed of the consequences of entering into a reverse mortgage agreement. Specifically, lenders are required to provide prospective borrowers with a clear and informative written disclosure statement, including a written checklist pertaining to the risks and suitability of a reverse mortgage, prior to borrower attending loan counseling.

The Commissioner offered to attend a meeting, or series of meetings, with a delegation from NRMLA to discuss the future of the HECM program and reiterated that policy changes can be made as needed, so we can revisit the principal limit issue and other issues, such as re-engineering the MIP over the months ahead. However, he made clear that they needed to make the change that they are making right now and there is nothing else to be done about it.

Call 1-888-973-8377 to see if the limit change could effect how much you would receive from a Reverse Mortgage.

According to the ML, the new principal limit factors must be used for all HECMs which the FHA case number is assigned on or after October 1, 2009.

All loans for which the FHA case number has already been assigned as of September 30, 2009 may be processed as usual. The lender need not change any of the calculations of principal limit or re-disclose to borrowers any changes in the HECM proceeds that the borrower will receive.

The announcement comes after the National Reverse Mortgage Lenders Association worked directly alongside AARP and FHA about what the industry’s options were. FHA felt that since the appropriations process is unlikely to provide credit subsidy, program changes are the only viable route for keeping the program operating past September 30, said a statement from NRMLA.

Source: HUD

Passed by a vote of 49-29, SB 660 requires that a checklist be provided to the consumer prior to the mandatory counseling session and states that any person who recommends a reverse mortgage, with anticipation of financial gain, owes a duty of honesty, good faith, and fair dealing to the consumer.

Senator Lois Wolk, D-Davis, told the Daily Democrat that, “These loans, while appropriate in some instances, can have devastating financial consequences. Because the amount due can fairly quickly exceed the value of the home, borrowers get trapped. They lose their equity and their ability to move into assisted living or other supportive housing, or otherwise provide for long-term care. This measure ensures that seniors have the information they need when making important financial decisions involving their homes.”

The new version of SB 660 includes the following amendments:

1. Specify that a lender, broker, person, or entity shall not be deemed to have breeched the duty set forth by this bill solely based on the actions or omissions of the counseling agency.
2. Provide that compliance with existing law may be cited by a lender, broker, person, or entity as evidence demonstrating compliance with the duties of this bill.
3. Requires the counseling agency to provide the prospective borrower with a written checklist of issues and problems that could arise in the transaction if the prospective borrower seeks counseling prior to requesting a reverse mortgage.
4. Require that the notice that must be delivered to reverse mortgage borrowers highlight certain risks associated with reverse mortgages.

“With the rise in abuses in the reverse mortgage market, this standard is not only appropriate, but also necessary to protect seniors from those who would take financial advantage of them,” said Wolk.

The Senate must now vote on the new amendments, then it can be sent to the Governor for his signature.

Source: Daily Democrat

Reverse mortgages provide a source of income or line of credit to elderly homeowners by allowing them to tap the equity in their home without having to sell or move out of the home. The underwriting on these loans is nontraditional since no repayment is required until the homeowner dies, permanently moves out of the home, or fails to maintain the property or pay property taxes. If the home is sold to repay the loan, the borrower is not responsible for any loan amount above the value of the home. Any remaining equity above the amount due belongs to the borrower or the borrower’s heirs.

While some lenders offer their own proprietary products, 90 percent of all reverse mortgages are insured by the Department of Housing and Urban Development’s Federal Housing Administration, and known as “home equity conversion mortgages,” or “HECMs.”

Mr. Dugan said the ability of consumers to access their home equity through immediate and large lump sum payments can pose substantial risks. For example, lenders may simultaneously and aggressively market investment, insurance, or annuity products or, worse, attempt to condition loan approval on the purchase of such products. Likewise, with access to large lump sums upon closing, elderly borrowers can be particularly vulnerable to coercive sales of annuity and long term care insurance products that are expensive and may not be appropriate to their needs.

Mr. Dugan said one area that deserves particular attention is whether to impose additional requirements with respect to escrows of taxes and insurance. Nonpayment of taxes or insurance can trigger foreclosure. However, the new Federal Reserve Board escrow requirements for “higher-priced” mortgages do not apply to reverse mortgages, and HUD does not require escrows to be established in connection with HECMs.

“Given the predominance of the HECM product in reverse mortgage lending, I think it would be a major step forward for HUD to issue guidelines or requirements addressing the escrow issue for HECMs, and I would like to begin a dialogue with them on the issue,” he said. “Once they set the standards for escrows, we would ensure that they are followed by national banks for HECM products, and would ensure – by regulation, if necessary – that comparable standards apply in connection with proprietary reverse mortgages offered by national banks.”

Source: Comptroller of the Currency Adminsitrator of National Banks