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Essential Insights on Reverse Mortgages

A reverse mortgage is a unique financial instrument allowing homeowners aged 62 and older to unlock the equity in their home as cash. Unlike traditional mortgages, where payments are made to the lender, in reverse mortgages, the homeowners receive payments—either as a lump sum, regular disbursements, or a line of credit—from the lender.

The reverse mortgage requires a first trust deed, necessitating the payoff of any existing loans with separate funds or reverse mortgage proceeds. Borrowing capacity hinges on the borrower's age, with older borrowers eligible for larger amounts at lower interest rates. The complexities surrounding reverse mortgages can often depend on the borrower's existing debt profile.

Upon settlement of a reverse mortgage, accrued interest coincides with the loan balance settlement, potentially allowing some interest deductions—though not commonly. Below are tax and financial considerations associated with reverse mortgages:

Proceeds Overview

  • Tax Treatment: The IRS classifies funds from reverse mortgages as loan proceeds, therefore exempting them from taxable income treatment, whether dispersed as a lump sum, a line of credit, or regular payments.

  • Effect on Social Security and Medicare: Since these payments aren’t taxable income, they do not impact Social Security or Medicare benefits or income-sensitive tax provisions.

Interest Deductibility Limits

  • Payoff Interest Deduction: Interest on reverse mortgages is deductible only upon full loan repayment, usually following the home's sale or the borrower’s passing.

  • 1098 Form Utilization: Lenders issue a Form 1098 to document interests settled within the loan payoff year.

  • Deduction Use Restrictions: Generally, deductions apply if funds were used to "buy, build, or significantly upgrade" the home (per IRC Section 163(h)(3)). Consequently, reverse mortgage funds spent on living expenses usually aren’t deductible, even at repayment.

  • Accrued Interest Considerations: Deductibility of accrued reverse mortgage interest involves multiple factors, notably that since 2017, equity debt interest is non-deductible. However, accrued interest resulting from reverse mortgage payoffs refinancing previous home acquisition debt is partially deductible as home acquisition debt interest.

  • Claiming Deductible Interest: Assigned per repayment responsibility:

    o    Borrowers: Upon loan payoff while remaining in the home, borrowers deduct applicable interest.

    o    Estates: If estates settle the mortgage posthumously, they can claim interest deductions on their tax filings.

    o    Heirs: Heirs inheriting and settling the mortgage can claim pertinent interest deductions on personal returns.

Limits on Deductibility

  • Cap on Loan Balances: Despite using funds for qualifying improvements, IRS caps on home equity debt may constrain deductions, constrained by $750,000 for post-December 15, 2017 mortgages, or $1 million before.

  • Fund Utilization Proof: To enable deductions, meticulous documentation, such as receipts and invoices, validating reverse mortgage proceeds for home improvements, is essential.

Effects on Means-tested Benefits

  • Medicaid and SSI Implications: Reverse mortgage proceeds are classified as assets, potentially affecting eligibility for means-tested benefits like Medicaid or SSI. To preserve eligibility, spending these proceeds promptly within the same receipt month is advised.

Sustaining Borrower Responsibilities

  • Tax and Insurance Obligations: Borrowers must maintain property tax and insurance payments, as well as other housing expenses. Delinquencies in these could precipitate default or foreclosure.

  • Financial Evaluations: Prospective borrowers undergo assessments to determine financial capability for ongoing expenses. A history of late payments might necessitate a Life Expectancy Set-Aside (LESA) to manage these obligations.

Considerations for Successors

  • Non-recourse Feature: Most reverse mortgages, notably FHA-insured Home Equity Conversion Mortgages (HECMs), are non-recourse, ensuring heirs aren't liable beyond the property's worth, even if the outstanding balance exceeds the home’s value. FHA coverage compensates for shortfalls.

  • The 95% Purchase Provision: Heirs wishing to retain a mortgaged home can acquire it at 95% of its appraised or loan balance value, whichever proves less, safeguarding against liabilities surpassing the property’s value.

  • Capital Gains Repercussions: Home sales following reverse mortgages adhere to standard capital gains tax rules, with heirs benefiting from a "stepped-up" basis potentially mitigating or avoiding capital gains tax.

Reverse Mortgage Limitations

While offering flexibility, reverse mortgages have drawbacks. As interest accrues, the growing loan balance can erode equity, affecting both borrowers and heirs. Meeting ongoing expenses, including taxes and maintenance, remains pivotal to avoiding foreclosure.

Additionally, reverse mortgages feature higher closing costs than traditional loans, advised against if relocation is imminent. Thus, weighing these factors remains crucial in decisions involving reverse mortgages.

Reach out to our office for guidance and assistance.

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Gilbert, Arizona 85233
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