Reverse Mortgage Deed Of Trust for the United States

Reverse Mortgage Deed Of Trust Template for United States

A Reverse Mortgage Deed of Trust is a legal document used in the United States that secures a reverse mortgage loan against a property. It creates a security interest in the property for the lender while allowing elderly homeowners to access their home equity without monthly payments. The document complies with FHA and HUD requirements, particularly for Home Equity Conversion Mortgages (HECMs), and outlines the terms, conditions, and obligations of all parties involved.

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What is a Reverse Mortgage Deed Of Trust?

The Reverse Mortgage Deed of Trust is essential for securing reverse mortgage loans in the United States, particularly under the FHA's HECM program. This document is used when homeowners aged 62 or older wish to convert their home equity into accessible funds without making monthly payments. It establishes the lender's security interest in the property, defines borrower obligations including property maintenance and tax payments, and specifies conditions for loan maturity. The document must comply with federal regulations, including HUD guidelines and state-specific requirements.

What sections should be included in a Reverse Mortgage Deed Of Trust?

1. Parties: Identifies lender, borrower, and trustee

2. Background: Explains purpose of reverse mortgage and property details

3. Definitions: Key terms used throughout the document including HECM program references

4. Security Interest Grant: Legal conveyance of property interest to trustee

5. Property Description: Legal description of mortgaged property

6. Borrower Covenants: Borrower's obligations including occupancy and maintenance requirements

7. Payment Terms: Terms of the reverse mortgage payments and disbursement options

8. Default Provisions: Circumstances constituting default and remedies available to lender

What sections are optional to include in a Reverse Mortgage Deed Of Trust?

1. Non-Borrowing Spouse Provisions: Special provisions protecting rights of non-borrowing spouse and continued occupancy rights

2. Condominium Provisions: Special requirements and obligations for condominium properties

3. Power of Attorney: Provisions for cases where borrower designates power of attorney

What schedules should be included in a Reverse Mortgage Deed Of Trust?

1. Property Description Schedule: Detailed legal description of property including boundaries and easements

2. Payment Plan Exhibit: Detailed breakdown of chosen payment plan and disbursement schedule

3. Required Counseling Certificate: Documentation proving completion of mandatory HUD counseling

4. Insurance Requirements Schedule: Detailed requirements for property insurance, flood insurance if applicable

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
Relevant legal definitions
Clauses
Industries

HECM Regulations: Home Equity Conversion Mortgage program regulations under the National Housing Act, which establish the primary federal framework for reverse mortgages

TILA: Truth in Lending Act requirements governing disclosure of credit terms and protecting consumers against inaccurate and unfair credit billing practices

RESPA: Real Estate Settlement Procedures Act which requires lenders to provide disclosures about the real estate settlement process and prohibits kickbacks

FHA Guidelines: Federal Housing Administration guidelines specific to reverse mortgages, including property standards and borrower requirements

HERA 2008: Housing and Economic Recovery Act of 2008 which introduced significant reforms to the reverse mortgage industry

Dodd-Frank Act: Dodd-Frank Wall Street Reform and Consumer Protection Act provisions affecting mortgage lending and consumer protection

HUD Handbook 4235.1: Department of Housing and Urban Development handbook containing detailed HECM program requirements and guidelines

HUD Mortgagee Letters: Official communications from HUD providing updates and guidance on reverse mortgage requirements

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

State Recording Requirements: State-specific requirements for recording mortgage documents and maintaining public records

State Foreclosure Laws: State-specific procedures and requirements for foreclosure proceedings

State Reverse Mortgage Regulations: State-specific rules and requirements specifically governing reverse mortgages

State Consumer Protection Laws: State-specific laws designed to protect consumers in financial transactions

CFPB Regulations: Consumer Financial Protection Bureau regulations governing mortgage lending and consumer protection

Non-Borrowing Spouse Provisions: Requirements protecting the rights of non-borrowing spouses in reverse mortgage transactions

Counseling Requirements: Mandatory counseling documentation and requirements for reverse mortgage borrowers

Property Obligations: Requirements regarding property taxes, insurance, and maintenance obligations of the borrower

Occupancy Requirements: Rules governing primary residence requirements and permitted periods of non-occupancy

Due-on-Sale Provisions: Clauses specifying when the loan becomes due and payable upon transfer of the property

Default Provisions: Terms specifying what constitutes default and the consequences of default under the reverse mortgage

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