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Reverse Mortgage Deed Template for United States

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Reverse Mortgage Deed

"Need to draft a Reverse Mortgage Deed for my elderly clients, Mr. and Mrs. Johnson, who want to access their home equity while continuing to live in their primary residence in Florida, with specific provisions for property maintenance and tax obligations."

Document background
The Reverse Mortgage Deed serves as a crucial document in the United States residential lending market, specifically designed for homeowners aged 62 and older. This legal instrument secures a reverse mortgage loan against the borrower's property, allowing them to access their home equity without monthly mortgage payments while continuing to live in their home. The deed must comply with federal regulations, including FHA and HUD requirements, as well as state-specific property laws. It outlines borrower obligations, lender rights, and conditions that would trigger loan repayment.
Suggested Sections

1. Parties: Identification of lender and borrower(s), including their legal names, addresses, and relevant details

2. Background: Context of the reverse mortgage, including confirmation of borrower age eligibility and property qualification

3. Definitions: Key terms used throughout the deed, including specific HECM-related terminology

4. Property Description: Legal description of the mortgaged property, including address and detailed boundary information

5. Loan Terms: Details of the reverse mortgage including principal limit, interest rate, and payment terms

6. Security Interest: Creation and terms of the mortgage lien on the property

7. Borrower Covenants: Borrower obligations including property maintenance, tax payments, insurance requirements, and property occupancy

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

9. Maturity Events: Conditions that trigger loan maturity, including death, sale, or moving out of the property

10. Execution: Signature blocks and notarization requirements

Optional Sections

1. Power of Attorney: Authorization for third-party representation when borrower designates an attorney-in-fact

2. Secondary Residence Provisions: Additional terms applicable when the property is not the borrower's primary residence

3. Trust Provisions: Special provisions when the property is held in trust

4. Non-Borrowing Spouse Rights: Rights and obligations of a non-borrowing spouse, if applicable

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the property including survey details and boundary information

2. Schedule B - Property Charges: Detailed requirements for property taxes, insurance, and other ongoing charges

3. Schedule C - Required Insurance: Specific insurance requirements including coverage types and minimum amounts

4. Appendix 1 - Federal Disclosures: Required federal disclosures and notices under TILA, RESPA, and HECM regulations

5. Appendix 2 - State Disclosures: State-specific disclosures and notices as required by applicable state law

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses

































Industries

HECM Program: Home Equity Conversion Mortgage Program under the National Housing Act - primary federal regulation governing reverse mortgages insured by FHA

TILA: Truth in Lending Act - requires lenders to disclose key terms and costs in lending transactions, including reverse mortgages

RESPA: Real Estate Settlement Procedures Act - regulates real estate settlement processes and prohibits kickbacks and referral fees

FHA Regulations: Federal Housing Administration rules governing reverse mortgage insurance, borrower eligibility, and property standards

HERA 2008: Housing and Economic Recovery Act of 2008 - established additional safeguards for reverse mortgages and created FHFA

Dodd-Frank Act: Comprehensive financial reform law affecting mortgage lending practices and consumer protections

CFPB Regulations: Consumer Financial Protection Bureau rules protecting borrowers in reverse mortgage transactions

HUD Counseling Requirements: Mandatory counseling requirements for reverse mortgage borrowers to ensure understanding of the product

Age Requirements: Federal requirement that reverse mortgage borrowers must be 62 years or older

Non-recourse Provisions: Legal requirements ensuring borrowers won't owe more than the home's value at loan termination

State Mortgage Laws: State-specific regulations governing mortgage lending and real estate transactions

State Recording Requirements: State-specific rules for recording mortgage documents and property transfers

State Disclosure Requirements: State-mandated disclosures specific to reverse mortgage transactions

State Homestead Laws: State provisions protecting homeowners' primary residences from creditors

Local Recording Requirements: County and municipal rules for recording real estate documents

Property Tax Regulations: Rules regarding ongoing property tax obligations and their relationship to reverse mortgage terms

Insurance Requirements: Mandatory property insurance and mortgage insurance requirements for reverse mortgages

Right of Rescission: Federal rules providing borrowers the right to cancel the reverse mortgage within a specified timeframe

Title Insurance Requirements: Rules governing title insurance requirements for reverse mortgage properties

Teams

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