In the course of selling reverse mortgage loans, lenders and brokers sometimes use deceitful advertising to convince seniors that a reverse mortgage is basically free money—an easy way to turn their home's equity into cash.
To protect seniors from misleading sales tactics, some states have passed, or are in the process of passing, reverse mortgage laws. New York, for example, passed a reverse mortgage bill on May 21, 2019. Federal rules exist too when it comes to reverse mortgage advertising. These laws and rules usually prohibit lenders from engaging in unfair or deceptive practices when marketing or offering reverse mortgage loans, as well as require lenders to make certain disclosures in their advertisements.
Many senior citizens take out a reverse mortgage without fully understanding the product. It's not uncommon for lenders to use advertising that's designed to downplay the disadvantages of this kind of loan and keep borrowers in the dark about all of the mortgage requirements and obligations.
Some advertisements, for instance, tout reverse mortgages as a way to get "tax-free money." But a reverse mortgage is a loan, not income. So, of course, the loan proceeds aren't taxed. Lenders and brokers who sell reverse mortgages also sometimes assure potential borrowers in their sales pitch that the loan is FHA-insured. This statement implies that the insurance protects the borrower or that the government endorses reverse mortgages. But this insurance program is not set up to help the homeowner—it's to benefit the lender. If you can't pay off the loan when it comes due, you might lose the home to a foreclosure sale or other liquidation option. In either situation, the insurance makes sure that the lender gets paid in full.
Also, reverse mortgage advertisements regularly mention that the loan will not affect your Social Security or Medicare benefits, which is true. But these advertisements usually don't say that a reverse mortgage could affect your eligibility for Medicaid. (To read more about misleading advertising tactics when it comes to reverse mortgages, see Reverse Mortgage Scams.)
The vast majority of reverse mortgages in the U.S. are Home Equity Conversion Mortgages (HECMs), which the FHA insures. FHA regulates the advertising of FHA-backed loans, and has specific rules for reverse mortgages.
Under FHA rules, lenders must explain all requirements and features of the HECM program in clear, consistent language to consumers. Among other things, a lender has to disclose all of the following.
Under FHA rules, lenders can't use any misleading or misrepresentative advertising or marketing materials in connection with the HECM program. Lenders may not state that any of their products have been endorsed by FHA or the U.S. Department of Housing and Urban Development (HUD). Also, a lender generally isn't allowed to use FHA or HUD logos or seals, or any other symbol that imitates an official federal seal in its advertising.
Some states have passed (or are in the process of passing) laws that regulate reverse mortgage advertisements. North Carolina and Tennessee have laws, for instance, that prohibit lenders from:
Under Oregon law, lenders have to give a summary of reverse mortgage terms—including costs, repayment options, and borrower responsibilities—in all advertisements, solicitations, or communications sent to prospective borrowers. Oregon law also requires the lender to include a clear and conspicuous summary of the terms of the reverse mortgage. The lender must disclose, among other things, all of the following.
These disclosures can't be in fine print: they must be clear and conspicuous. Oregon law defines "clear and conspicuous" as written in larger print than surrounding ad copy, presented in a different contrasting color, or separated from other text on the page. In television and radio ads, the disclosures must be "spoken in a volume and cadence that is sufficient to enable a reasonable person to hear and understand." (Or. Rev. Stat. § 86A.196).
A New York law (SB 4407) includes a prohibition on unfair or deceptive practices in connection with the marketing or offering of reverse mortgage loans. The bill specifically prohibits the use of the words "government insured" to represent that the government supports and sponsors reverse mortgages. The bill also:
Reverse mortgages are complicated and tricky—otherwise, states wouldn't feel the need to regulate their advertising. If you're thinking about getting a reverse mortgage, consider talking to a trusted financial planner or an attorney first. While borrowers do have to complete a counseling session with a HUD-approved counselor before getting this type of mortgage, one session might not give you sufficient information. Even after counseling, many borrowers still don't understand all the terms and requirements of a reverse mortgage.
Effective date: May 21, 2019