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For many years I lived in my<br />

parents’ home caring for them until their<br />

deaths. My mother, 90 years old, was<br />

last to die. Months prior to her death<br />

I invited my younger sister to move in<br />

with us to help care for mom because<br />

I was being assigned by my firm to its<br />

North Dakota branch which removed me from Florida for over a year.<br />

During my absence, my sister, without my knowing, took mom to an<br />

attorney to prepare a last will naming her as sole executor and beneficiary<br />

of all mom’s assets other her home and its contents which she named me<br />

as sole beneficiary. Subsequently, she assisted mom in securing a Reverse<br />

Mortgage on her home whereby she received a lump sum of $250,000. She<br />

deposited the money in a joint account in both my mom’s and her names.<br />

Following the funeral, the bank account was closed and I have not seen my<br />

sister since. Meanwhile, I am left with a mortgage on the family home owing<br />

$250,000. This has been the family home for more than 45 years with a<br />

current value of $526,000.<br />

Regardless of my sister’s actions, I do not wish to give up on the family<br />

home, but the mortgage company will not allow me to continue payments.<br />

I have heard a lot of troubling things about Reverse Mortgages and am<br />

worried I can lose the home. How do Reverse Mortgages work and what<br />

must I do to force the company to provide me the balance owed?<br />

No mortgage company is required to speak to anyone other than the<br />

person who signs the mortgage. Understanding probate, most Reverse<br />

Probating Reverse Mortgages<br />

by: Kristen M. Jackson / Attorney<br />

www.SouthwestOrlandoBulletin.com x August 18 — 31, 2022 x 7<br />

Mortgage companies will continue a dialogue with family members<br />

following someone’s death. To guarantee dialog, you must file probate.<br />

Once named as the executor in your mother’s will, by filing probate, the<br />

court will grant you the authority to take over the obligations of your<br />

mother. Once appointed legally by the court, the mortgage company will<br />

notify you of the amount owed on the loan. Unless you have the cash to<br />

pay off the loan you will have to refinance the home with a Traditional<br />

loan.<br />

Reverse Mortgages are available to seniors 62 years of age or<br />

older. Responsibility of paying off the loan is no different than paying off<br />

any type of mortgage. The primary difference between a Traditional<br />

Mortgage and a Reverse Mortgage is that a Traditional requires you to<br />

pay back the loan monthly whereas with a Reverse, repayment generally<br />

occurs within one year after you move out of the property or when you<br />

die. In other words, when your mom died, the entire mortgage amount<br />

became due and family members wishing to save the home have to pay<br />

the entire amount of the outstanding mortgage. If they have insufficient<br />

funds, but wish to keep the property, after it is retitled into another’s<br />

name through probate, they need to refinance the Reverse Mortgage<br />

to pay it off. Be aware, however, it is best to act quickly because interest<br />

accrues the entire time the loan remains outstanding so the balance keeps<br />

rising during this time.<br />

Upon the death of the last parent with a Reverse Mortgage, be sure<br />

to consult with a Probate Attorney if you wish to keep their home.<br />

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By our Team of<br />

Attorneys<br />

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With or without a Last Will, in order to obtain assets, pay debts and taxes<br />

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(407)363-9020<br />

www.JacksonLawPA.com<br />

Offices: Orlando<br />

Credit Cards Accepted<br />

Kristen Jackson<br />

Attorney At Law

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