Home Equity Conversion Deed Of Trust for the United States

Home Equity Conversion Deed Of Trust Template for United States

A Home Equity Conversion Deed of Trust is a legal document used in the United States that secures a reverse mortgage loan against a borrower's property. It establishes the lender's security interest in the property while complying with FHA/HUD requirements for federally-insured reverse mortgages. The document outlines the borrower's obligations, default conditions, and the lender's remedies, while incorporating specific protections for elderly homeowners as required by federal law.

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What is a Home Equity Conversion Deed Of Trust?

The Home Equity Conversion Deed of Trust is essential for reverse mortgage transactions in the United States, particularly for FHA-insured Home Equity Conversion Mortgages (HECMs). This document is used when senior homeowners (62 or older) want to access their home equity without monthly payments, while ensuring the lender has proper security interest in the property. It contains specific provisions required by HUD/FHA, including borrower obligations, property maintenance requirements, and default conditions. The document serves as security for the reverse mortgage loan until the borrower's death, sale of the property, or permanent relocation.

What sections should be included in a Home Equity Conversion Deed Of Trust?

1. Parties: Identifies the borrower, lender, and trustee involved in the deed of trust

2. Background: States the purpose of the deed of trust and basic loan information, including reference to HUD/FHA requirements

3. Definitions: Defines key terms used throughout the document including HECM-specific terminology

4. Property Description: Legal description of the secured property and its permitted uses

5. Security Interest: Grants security interest in property to trustee and specifies the nature of the HECM security arrangement

6. Borrower Covenants: Lists borrower's obligations including property maintenance, taxes, and specific HECM requirements

7. Default Provisions: Defines events of default and remedies specific to HECM mortgages

8. Governing Law: Specifies applicable federal and state laws governing the deed of trust

What sections are optional to include in a Home Equity Conversion Deed Of Trust?

1. Insurance Requirements: Additional insurance requirements beyond standard coverage, when lender requires specific insurance types

2. Condominium Provisions: Special provisions applicable when the property is a condominium unit

3. Second Home Provisions: Special provisions when the property is not the primary residence

4. Power of Attorney: Provisions regarding use of power of attorney in HECM transactions

What schedules should be included in a Home Equity Conversion Deed Of Trust?

1. Schedule A - Legal Description: Detailed legal description of the mortgaged property

2. Schedule B - Payment Terms: Details of payment terms, conditions, and HECM-specific payment provisions

3. Schedule C - Required Insurance: List of required insurance coverage including FHA mortgage insurance

4. HUD/FHA Required Riders: Mandatory HUD/FHA riders for HECM mortgages including repair rider, second home rider if applicable

5. State-Specific Riders: Additional riders required by state law for reverse mortgages

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Trust Deed

Cost

Free to use
Clauses
Industries

National Housing Act, Section 255: Primary federal legislation governing Home Equity Conversion Mortgages (HECMs), establishing the framework for FHA-insured reverse mortgages

Truth in Lending Act (TILA): Federal law requiring lenders to disclose key terms and costs in lending transactions, including specific provisions for reverse mortgages

Real Estate Settlement Procedures Act (RESPA): Federal law governing real estate settlement processes, requiring specific disclosures and prohibiting kickbacks in real estate transactions

Home Ownership and Equity Protection Act (HOEPA): Federal law providing additional disclosure requirements and protections for high-cost mortgage transactions

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or public assistance status

Fair Housing Act: Federal law prohibiting discrimination in housing-related transactions, including mortgage lending

24 CFR Part 206: HUD regulations specifically governing Home Equity Conversion Mortgage Insurance requirements and procedures

HUD Handbook 4235.1: Comprehensive HUD guidelines for HECM program implementation and administration

State Property Laws: State-specific legislation governing real property rights, transfers, and encumbrances

State Mortgage and Foreclosure Laws: State-specific requirements for mortgage creation, enforcement, and foreclosure procedures

State Recording Requirements: State-specific rules for recording and indexing mortgage documents in public records

State Homestead Laws: State-specific protections for homeowners regarding property rights and creditor claims

Consumer Protection Statutes: Both federal and state laws designed to protect consumers in financial transactions, including specific reverse mortgage provisions

Reverse Mortgage Counseling Requirements: Mandatory counseling requirements for potential HECM borrowers to ensure understanding of the product

Age and Capacity Requirements: Regulations regarding minimum age (62+), mental capacity, and competency for reverse mortgage borrowers

Teams

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