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reverse mortgage foreclosure

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ElMono

Junior Member
What is the name of your state? Texas
In January of 2005, my mother obtained a reverse mortgage on her house. She opted to get the money from the equity all at once up front. She has spent it all.

The day before she closed on the reverse mortgage, the IRS filed a lien for close to $60,000 on the house.

The IRS had sent her a letter informing her they were about to do so. She was relieved that she was able to close on the reverse mortgage. Evidently the mortgage company had done the title search before the tax lien was filed.

Part of the mortgage arrangement is that she must keep the property taxes and homeowners’ insurance current. She will need around $5,000 at the end of the year to do so.

I don’t see any way for her to pay the bills for the house. My brother and I doubt we can put together the funds to pay them for her.

My question is this – if the taxes and insurance on the house are not paid and the mortgage company decides to foreclose on the mortgage and sell the house, will she be in any trouble when they learn of the IRS lien? The $60k lien represents 40 – 50% of the amount they could sell the house for. Could she be in any trouble with the IRS if they learn she cashed out the equity from her house and did not pay any of the tax debt with the funds?

I hope I am posting to the right forum. Any advice would be greatly appreciated. I am afraid she will end up going to jail for mortgage and/or tax fraud.
 


ElMono

Junior Member
she has no assets...

What do you think a lawyer could do for her? She has no money to hire one (in fact stiffed the one she hired for her divorce) so my brother & I would be paying for it.
She doesn't have anything asset-wise they could take.
Surely they wouldn't pursue criminal charges? She lives in a big city. We are hoping a large metropolitan DA's office would not be interested in small-fry.
 

Ohiogal

Queen Bee
ElMono said:
What do you think a lawyer could do for her? She has no money to hire one (in fact stiffed the one she hired for her divorce) so my brother & I would be paying for it.
She doesn't have anything asset-wise they could take.
Surely they wouldn't pursue criminal charges? She lives in a big city. We are hoping a large metropolitan DA's office would not be interested in small-fry.
Well you are wrong abuot the DA not being interested. She owes the IRS and doesn't want to pay? She fraudulently secured a reverse mortgage lying to a bank. Hmmm... federal law comes into that. Your mom better find money and prepay an attorney or she will end up in jail.
 

pojo2

Senior Member
The IRS does not go away regardless of what happens with the house and in addition that reverse mortgage company may pitch her right out on her ear after demanding she pay off the lien.

For you and bro to pay is really a very bad idea you are just encouraging her horrid financial behavior which apparent is nothing new for her.

How old is mom?
 

ElMono

Junior Member
She's 65

My husband is pretty adamant about not paying her bills for her. His family recently suggested a low-income senior apt. for her when I said I think she's going to lose the house at the end of the year. His aunt is in one and her rent is around $300/month.

This would be a lot easier for her to afford than the house, but then I was worried about what kind of legal trouble she would be in when the mess that she's created hits the fan with the mortage company during foreclosure.

We are supposed to all go over tomorrow night and have a discussion with her. I will look into a local attorney for her.

Thanks for the advice.
 

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