Although the bank, OneWest, has not yet said what it believes is owed on the reverse mortgage, according to Havemeyer, she estimates that the total could be in the neighborhood of $1.5 million to $1.6 million. By comparison, the amount that Havemeyer’s mother actually received from the reverse mortgage between 1997 and her death in 2010 was just $272,911.51.
A reverse mortgage places a lien against a senior’s home in exchange for periodic or lump-sum payments. The full amount borrowed does not come due until the borrower dies, moves out or sells the home.
OneWest isn’t talking. The bank declined to discuss either Havemeyer’s litigation or any details of the reverse mortgage terms. The law firm representing the OneWest subsidiary that claims ownership of the reverse mortgage note — Financial Freedom Acquisition — did not respond to a request for comment.
Financial Freedom has filed for foreclosure, seeking payment of the $272,911.51, plus “interest at the rate stated” in the mortgage along with legal and other fees. The filing did not indicate that a huge chunk of the “interest” due flows from its 50-50 share in the appreciation of the house — from $556,000 in 1997 to its approximate current value of around $1.8 million.
Havemeyer, who is serving as executrix of her mother’s estate, is challenging the foreclosure, claiming that Financial Freedom has not been able to present documentation that it actually owns the mortgage and that the terms of the loan are “unconscionable and usurious” and violate state law.
Havemeyer’s dispute with the bank and its subsidiary might be seen as just another real estate squabble in the high-gloss Hamptons on New York’s Long Island. But the terms of the mortgage make this case jump out as special.
Start with the triple whammy of 50-50 appreciation sharing, plus the mandatory annuity added to the loan balance, plus the 2 percent extra fee tacked on at the end. Although the vast majority of reverse mortgages have never employed such payment terms, thousands that were marketed in the 1990s did.
In the late 1990s, a series of California lawsuits claimed that terms such as these amounted to “financial abuse of the elderly” and allowed lenders to “[reap] unfair profits at the expense of the elderly,” many of whom ended up owing far more than they borrowed. A consolidated class-action suit was later settled by the defendants — Transamerica,Transamerica HomeFirst, Metropolitan Life Insurance and Financial Freedom Senior Funding — for $8 million. None of the companies admitted wrongdoing.
Through a long chain of events spanning the mortgage crash, OneWest Bank acquired reverse mortgage assets that dated back to Transamerica and Financial Freedom Senior Funding, including the loan now in dispute.
A widow and 78 when she obtained her loan from Transamerica Home First, Sarah C. Hoge, Havemeyer’s mother, did not seek guidance from family members. Havemeyer’s lawyer in the foreclosure case, Michael Walsh, says, “I can’t imagine that Mrs. Hoge really did understand what she was getting into.” But she signed up and ultimately did not opt out of the class-action settlement in California, which provided her a payment of $8,480.
How Havemeyer’s case ultimately turns out is anybody’s guess. But the bottom line is this: Reverse mortgages, even today’s friendlier versions that offer upfront counseling, can be hazardous to elderly borrowers’ financial health and potentially costly for their heirs. Nearly one in 10 federally backed reverse mortgages is in default, risking foreclosure for owners. Family members need to be involved from Day One. And stay involved.
Ken Harney’s e-mail address is firstname.lastname@example.org.