Martha is removed from her mortgage

Background

Martha is a 68-year-old widow. She and her husband bought a home in 2002. In 2008, Martha was removed from the deed to her home so her husband could qualify and obtain a reverse mortgage. She agreed to be removed from the deed because the lending bank agent told her she could easily be added back to the deed and to the reverse mortgage after she turned 62. However, when she tried to contact the agent after turning 62, he told her that it was not a good time due to the infamous financial and legal issues occurring at this popular bank. The client’s husband passed away in May 2018 and the mortgage company filed an action for foreclosure based on the death of the only borrower. The mortgage company offers a Mortgagee Optional Election (MOE) program to remain in the home as the surviving spouse of a reverse mortgage borrower. In order for her to qualify for the program, the client needed a Court Order proving her ownership interest in the property.

Assistance

Broward Lawyers Care assigned the client’s case to a pro bono attorney to represent her in a probate action for the husband’s estate in order to transfer title to the home back into her name. At a hearing on August 16, 2019, the probate judge ordered the home title to transferred into her name, awarding her ownership of the home.

Why it Matters

This enabled the client to qualify for the MOE program in order to remain in the home. In November 2019, the client prevailed in the foreclosure case when the judge found her to be a borrower under the reverse mortgage. This prevents the mortgage company from foreclosing her interests until she passes away or moves out of the home. She is now able to remain in the home where she lives.