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Reverse mortgages used to be a way for homeowners to get extra cash during retirement.
Now they're also being used for a more-pressing purpose: helping people who are
struggling to meet payments on high-interest-rate loans to keep their homes.
The strategy, which is relatively novel but gaining popularity among legal-aid attorneys
and housing advocates around the country, calls for persuading lenders to take the
cash generated by a reverse mortgage in lieu of foreclosing on older homeowners.
With a reverse mortgage, the bank makes payments to the homeowner instead of the
homeowner making payments to a bank. The loan is repaid, with interest, when the
borrower sells the house, moves out permanently or dies. The products are complex
and have high fees -- typically about 7% of the home's value -- and they make it
difficult for homeowners to leave the property to their heirs. But they may be the
best option for people who have built up equity in their home and would otherwise
lose it.
Most of these older homeowners in trouble had refinanced their home into so-called
subprime mortgages. Such loans -- many of which feature adjustable rates that can
tack sharply higher after an initial teaser period -- have roiled the mortgage industry
and credit markets this year as default rates have shot up, and analysts expect
hundreds of thousands of additional subprime loans to go bad over the next several
years.
While no one tracks subprime mortgage holders by age, the approximately 30 million
Americans 65 and older who own their homes are routinely targeted by subprime lenders
with refinancing deals, borrower advocates say. Given that the rescue plan recently
proposed by the Bush administration and the mortgage industry doesn't provide relief
for individuals who can't afford their current loan terms, reverse mortgages are
currently one of the few tools available to help older homeowners facing foreclosure.
The strategy worked recently for Gloria Forts, a 62-year-old retired federal worker
in Forest Park, Ga., a suburb of Atlanta. After refinancing her home in August 2006
with a $106,500 mortgage from Fremont Investment & Loan in Brea, Calif., Ms. Forts
was facing monthly payments of $950.41. That consumed 70% of her monthly income
from Social Security and a pension. Intending to start a new job, she found herself
kept at home by diabetes complications and back surgery. In June, she sought help
from the Atlanta Legal Aid Society.

There, she found William J. Brennan Jr., a veteran housing attorney who, over the
past 18 months, has developed a sophisticated model for settling subprime debts
with reverse mortgages. After Ms. Forts received a foreclosure warning in October,
Mr. Brennan connected her with Genie McGee, a reverse-mortgage specialist with Financial
Freedom Senior Funding Corp., an Irvine, Calif., unit of IndyMac
Bancorp Inc.She determined that Ms. Forts would qualify for a reverse mortgage
of about $61,000.
Mr. Brennan sent Fremont's loss-mitigation department a letter proposing that the
company agree to take that sum and cancel its plans to foreclose on the house. On
Dec. 3, the day before the foreclosure sale was supposed to take place, Fremont
agreed to the deal and stopped the foreclosure.
The transaction illustrates one of the biggest challenges in getting lenders to
accept payouts from reverse mortgages: taking less money than the house may be worth.
In the 14 cases Mr. Brennan has settled to date, lenders have accepted payments
for an average of 65 cents on the dollar. Mr. Brennan contends that the loans --
typically mortgage refinancings or home-equity loans with high interest rates and
monthly payments that gobble up more than half of the borrowers' fixed income --
should never have been made in the first place. Lenders, he says, "have been making
loans regardless of the borrowers' ability to pay, and there needs to be a penalty
for that."
When Mr. Brennan first attempted to broker such settlements a few years ago, he
hit resistance from mortgage lenders who were unwilling to accept reverse mortgages
as full loan repayment instead of foreclosing on properties they could sell outright.
He finally started getting traction when Georgia Sen. Vincent Fort, an Atlanta Democrat
who pushed state legislation to damp predatory lending, personally called the executive
offices of the banks involved.
Now, with real-estate markets struggling, more lenders may be willing to entertain
reverse-mortgage payoffs. "If there's a way to settle the debt that nets the investor
more than it would get if there was a foreclosure and a sale, then the servicer
would look at it," says Thomas Kelly, a spokesman for J.P. Morgan
Chase & Co., whose Chase Home Lending unit services more than $700 billion
in mortgages. (Chase was the trustee on one mortgage loan Mr. Brennan settled, though
another bank has since acquired that business.)
A spokeswoman for Fremont General Corp., Fremont Investment & Loan's parent, declined
to comment about Ms. Forts's settlement. The Federal Deposit Insurance Corp. issued
a cease-and-desist order against Fremont in March, in which it said it had determined
"that the bank had been operating without adequate subprime mortgage loan underwriting
criteria, and that it was marketing and extending subprime mortgage loans in a way
that substantially increased the likelihood of borrower default."
Other public-service attorneys around the country are turning to reverse mortgages
as a way to negotiate lower payoffs for subprime loans made to older clients. In
Chicago, for example, "we advise a lot of clients that a reverse mortgage is appropriate
when it's the only way to keep them in their home," says Michelle A. Weinberg, a
supervisory attorney at the Legal Assistance Foundation of Metropolitan Chicago.
"The same people have been refinanced over and over again to very little benefit
for themselves, with high fees."
But the strategy may not be suitable for every homeowner in trouble. "We've helped
a handful of people get refinanced with reverse mortgages," says Jessica Attie,
co-director of the Foreclosure Prevention Project at South Brooklyn Legal Services
in New York. "We'd like to do it more, but a lot of times we find that they have
too much debt on the property to qualify."
In Washington, the National Council on Aging, an advocacy group, has launched a
reverse-mortgage initiative to help older homeowners around the country learn how
to use the product appropriately -- including ridding themselves of monthly mortgage
payments.
"Conventional mortgage loans, whether they're subprime or not, are risky for seniors
because they have to make that monthly payment from a fixed income," says Barbara
Stucki, the initiative's director. "If anything gets out of whack, they are in danger
of losing their home." Recent studies have found that the portion of households
age 65 and older with mortgage debt increased to 22% in 2004 from 15% in 1989, and
increased in dollar terms to $47,000 from $15,000 per household. An AARP study released
earlier this month found that nearly one-third of 946 reverse-mortgage borrowers
surveyed used the loans to pay off existing mortgage debt.
"For a small but crucial number of potential borrowers who are in financial distress,
reverse mortgages can be essential in avoiding foreclosures -- sometimes on subprime
or home-equity loans with very high interest rates," the AARP report says.
Elizabeth Renuart, a staff attorney at the National Consumer Law Center in Boston,
reviews hundreds of mortgage documents annually, and says that the adjustable-rate
mortgages she has examined this year that she considered "to be made inappropriately
were almost entirely made to people over 60. To me, that's a very shocking revelation."
Mr. Brennan in Atlanta is regularly giving speeches to and fielding calls from legal-aid
lawyers around the country who want to use reverse mortgages to relieve older homeowners
of their mortgage debt. "There has to be a way to systemize this strategy," Mr.
Brennan says. "Every senior in America should be able to use a reverse mortgage
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