Reverse mortgages are products specifically designed for and targeted to senior citizens by supposed trust worthy actors such as James Garner and that Hart to Hart has been. Essentially these products are financinally raping senior citizens of their long term wealth and preventing the passing of the most important asset, the homstead, to one's heirs and family.
Unfortunately, the poor will beome poorer with legitimizing reverse mortgages to the main stream borrower and the near future we will see an unprecedented transfer of the middle and poorer income families wealth. The middle class and below will not reap the benefits of the family's homstead because the reverse mortgage will cause the homestead to end up with a third party institution or bank.
By all accounts, reverse home mortgage growth is exploding. Baby boomers are reaching retirement and, for most, home equity makes up the largest part of their nest egg. Reverse mortgages will be the tools that many of these retirees will use to tap into this nest egg for retirement living expenses. The number of new HUD Home Equity Conversion Mortgages (HECM) already has increased seventy-five percent in the most recent twelve-month period over the same period one year ago.
Along with reverse home mortgage growth come increased opportunities for fraud and scams. Reverse mortgages are different from traditional mortgages in ways that make them attractive vehicles for scam artists: scam artists know that a reverse mortgages provide the senior homeowner with relatively easy access to a sizeable pool of cash.
Reverse mortgages are harder to understand than traditional mortgages making it easier for the scam artist and legitimate lenders to confuse and take advantage. Even in a "legal" or legitimate loan fees are in the thousands of dollars and essentially unregulated. The lack of regulation has confused the general public as to what is legitimate and consequently spawned unprecedent scams on the American public. The following are cautionary tales for those considering the last resort "reverse mortgage".
Scam Tactic One, Downplay Pre-Loan Counseling:
All three major reverse mortgage programs HUD HECM, Fannie Mae’’s Home Keeper and Financial Freedom require potential borrowers to have counseling with an independent counselor specially trained in reverse mortgages before taking out a loan.
In a recent Detroit-area fraud case, a corrupt lender was able to keep the borrower in the dark about the amount she was eligible to borrow. She thought her loan would be for $61,000 when in fact she was borrowing $103,000. Guess who pocketed the $42,000 difference? A thorough counseling session would have given the homeowner an accurate idea of the true amount of eligibility.
Scam Tactic Two, A counseling meeting by phone is inadequate:
Although counseling by telephone is allowed, it is always best to meet face-to-face with the counselor. If you find that anyone you’’re working with in the process suggests that counseling can be done quickly over the phone or otherwise downplays the importance of pre-loan counseling, be highly suspicious.
Scam Tactic Three, Forgery:
Forgery is a key part of many scams. In one case, the lender requested the title company to prepare two checks payable to the homeowner: one for $61,000 which the homeowner received and a second one for $42,000 which the corrupt lender endorsed with a forged signature and deposited into his own account.
In one California case, two con artists one working as a financial advisor the other a handyman - convinced an elderly homeowner to take out a reverse mortgage to pay for home repairs. The financial advisor opened an account for the proceeds of the loan and forged the victim’’s name to gain access to funds.
Another California case reported in the Santa Cruz Sentinel shows how dangerous it can be to sign “unfinished” documents. Mrs. Sally Scott is 66 years old. While she receives Social Security and pension checks, she still can’t make ends meet. She saw an ad for a “reverse” mortgage a loan that allows seniors age 62 or older to receive cash by borrowing against their homes and does not require repayment as long as they live there. Seeking a little financial cushion, she spoke to a mortgage broker about a $10,000 reverse mortgage.
When she received the loan papers, she noticed that the loan amount was $200,000. The broker promised that he would change the figure, but insisted that she sign the paperwork first. Trusting the broker, Mrs. Scott signed.
A week later, she received a check for $200,000. She immediately notified the broker, who apologized for the mistake and instructed her to wire the money back. As it turned out, the account that Mrs. Scott returned the money to belonged to the broker. He disappeared, leaving her with a mortgage in default and no way to repay the loan.
Precaution: Never sign documents with blanks to be filled in or corrections to be made later.
Scam Tactic Four,Charging for Free Reverse Mortgage Information:
The complexity of reverse mortgages means that it is natural for borrowers to seek assistance and guidance to help them understand the loan process, find a lender or, generally, better understand what they are getting into. Some scammers have seized on this to offer - for a fee - reverse mortgage information and services that are available to consumers at no charge.
For example, some senior homeowners have been contacted by firms offering to assist them in finding a reverse mortgage lender, in exchange for a percentage of the loan. This type of arrangement should always be avoided. According to HUD’’s website:
HUD does NOT recommend using an estate planning service, or any service that charges a fee just for referring a borrower to a lender. HUD provides this information without cost, and HUD-approved housing counseling agencies are available for free, or at minimal cost, to provide information, counseling, and free referral to a list of HUD-approved lenders.
Walk away from anyone who offers to find a reverse mortgage lender for a fee. Use the internet to find free information about reverse mortgages or, read one of the several excellent reverse mortgage books that have been published in recent years.
Scam Tactic Five, Posing as a Government or Non-Profit Representative:
The most popular form of reverse mortgage - the Home Equity Conversion Mortgage (HECM) - is an official program of the U.S. Department of Housing and Urban Development (HUD). However, neither the HECM program nor other reverse mortgage programs are marketed directly to senior homeowners by government employees.
Unscrupulous reverse mortgage salesmen have been known to represent themselves to elderly homeowners as government representatives or volunteers for non-profit organizations.
Be sure you know who you are dealing with and what organization they represent. Do not be timid about asking for information such as their home office location and phone number. Use resources like HUD and the National Reverse Mortgage Lenders Association (NRMLA) to check out the company. Also, check complaint sites like www.ripoffreport.com or bbb.com.
Scam Tactic Six, Bundling Things with Reverse Mortgage Financing:
A common tactic of scam artists is to bundle reverse mortgage financing with something else such as home improvements, annuities, risky investments, living trusts or other estate planning products.
In one Seattle-area case, elderly consumers were told that living trusts must be purchased in order to obtain a reverse mortgage. In another case, seniors were encouraged to take out a reverse mortgage and use the proceeds to “invest” in truck-mounted billboards.
Frequently, two or more scammers work as a team. For example, in the California case cited earlier, an unscrupulous financial advisor steered the homeowner to a home repair contractor who was party to the scam and who grossly overcharged the victim for repair work.
If you find yourself dealing with someone who attempts to bundle a reverse mortgage with another product or service or steer you to a particular contractor/lender, be highly suspicious. If you feel at all uncomfortable or that the person is using a high-pressure sales tactic, then walk away.
Whether legitimate or a scam the reverse mortgage should only be entered into as a last resort. Of all of the loan products it ranks up there as the worst and second only to a "pay day" loan from AMSCAM. I say just don't do it because it probably can not be undone.
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( 2.9 / 415 )Federal Estate Taxes Parameters:
On June 7, 2001, the Economic Growth and Tax Relief Reconciliation Act of 2001 was singed into law and provides for a reduction in the federal estate and gift tax rates between the years 2002 through 2009. The law also increases during those years the unified credit amount which exempts assets from the federal estate tax. For gifts made after 2001, the new law provides for a lifetime exemption amount of $1,000,000. The law provides for an outright repeal of the federal estate tax for persons dying after 2009. From 2002 through 2009, the highest estate and gift tax rates and the unified credit which exempts assets from the payment of the estate tax are the following:
Calendar Year Estate Tax Exemption Highest Estate/Gift tax rates
2007 $2 million 45%
2008 $2 million 45%
2009 $3.5 million 45%
2010 and therafter no estate tax 35% (gift tax only)
Federal Gift Taxes and Exclusions:
For gifts made in the calendar year 2006 the annual gift tax exclusion is $12,000. The annual exclusion will increase from $12,000 to $13,000 when the cost-of-living adjustment (COLA) is at least another 10%. At current levels of inflation, it may be several years before the annual gift tax exclusion rises to $13,000. Any amounts paid on behalf of any individual (1) as tuition to an educational organization or (2) as payment for the individual's medical care will not be considered a gift. The exclusion for medical expenses and tuition is in addition to the $12,000 annual gift tax exclusion and is permitted without regard to the relationship between the donor and the donee.
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( 3 / 287 )The following article provides general information on the guidelines used when the Social Security Administration evaluates obesity since October 25, 1999. Usually, the obesity issue is interconnected with ailments or “Listed Impairments” under the Social Security Act, to include but not limited to the following: diabetes, musculoskeletal impairments and pulmonary or breathing dysfunctions where spirometry testing is necessary.
The Social Security Administration removed obesity from the Listing of Impairments effective October 25, 1999. 64 Fed. Reg. 46,122 (1999). Currently, Social Security Ruling (SSR) 02-1p, outlines the evaluation of disability in regards to obesity. SSR 02-1p acknowledges that obesity can play a role in equaling a “Listing” or “Listed Impairment” under the Social Security Act. Adjudicators and judges should consider the cumulative effects not only when considering whether a claimant’s impairments meet or medically equal the Listings but also when assessing residual functional capacity. See, 20 C.F.R. Pt. 404 Subpt. P, App. 1 foll § 404.1599. (West 2002) of the Listing of Impairments. Obesity at any level in the disability application process, because it is a medically determinable impairment, must be considered in assessing a residual functional capacity (RFC) of the claimant. See, SSR 02-1p, 20 C.F.R. §404.1523.
Obesity is generally evaluated using the body mass index (BMI). For example, under the BMI chart the criteria for "obese" could be a person who is 64 inches tall and weighed at least 181 pounds. A person who is 64 inches tall and 230 pounds could meet the BMI criteria for "extreme obesity". Often the claimant may be questioned via the adjudicator or judge about following the treating physician’s weight loss prescription. Usually, the questioning centers on the failure of the weight loss regime.
Acceptable Reason for Failure to Follow Prescribed Treatment
Under 20 C.F.R. Pt. 404 §1530 the claimant must follow prescribed treatment by the treating physician if such treatment can restore the ability to work. There are several exceptions to the general guideline. For example, under Social Security Ruling (SSR) 82-59 a claimant’s limited resources may only avail her or him the opportunity to afford periodic palliative care and thus conclude in a failure of the weight loss regime. See also,Gamble v. Chater, 68 F.3d 319, 321 (9 th Cir. 1995); Dawkins v. Bowen, 848 F.2d 1211, 1213 (11 th Cir. 1988). Further, under 20 C.F.R. Pt. 404 §1530(4) such weight loss treatment may be alleged as inconsistent where a claimant did not fully understand the importance of weight loss care and the interconnection of other ailments, e.g, diabetes. Often, the claimant’s inability to understand the weight loss regime can be supported by a claimant’s impaired mental state, e.g., limited education, below average intelligence, severe depression, etc.
It is important that the allegation of obesity as a medically determinable impairment is interconnected with the medical criteria within the Listings under the Social Security Act. Often, the adjudicator or judge should be prompted or reminded to consider the claimant’s combined impairments, e.g., obesity and diabetes, which restrict her or him from engaging in any substantial gainful activity. See, 42 U.S.C. § 416(i); 20 C.F.R. §§ 404.1523, 404.1527; Smolen v. Chater, 80 F.3d 1273, 1290 (9th Cir.1996) (the ALJ should consider how the combination of the claimant's impairments affects the claimant's ability to do basic work activities).
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