One of the trustees of my families estate took out a reverse mortgage on my mothers house about two years ago. He did not get authorization from the court and he did not report this in any accounting. He then moved my mother to Atlanta, GA where she has been for the past two years. They are trying to get a conservatorship of her in GA. If I report this to the mortgage company, will they take my mother's house on a default or go after the trustees?
You need to consult with local counsel. You may need GA counsel as well. You may have a claim against the trustee. I'm not sure from your question what the mortgage situation in GA is. You should get a local attorney to ask formally for an Accounting from the trustee and investigate from there.
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Your answer depends on the terms of the reverse mortgage. Many of them DO provide that if the mortgagor is not living in the residence for 6-12 months, then the mortgage needs to be paid off.
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Estate Planning Attorney
You need to consult with a local attorney in California to review all of your facts and documents surrounding your mother's situation. Only after a detailed review will you be able to determine how to properly move forward.
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Elder Law Attorney
If it is a federally approved reverse mortgage (99% are) then the loan will become do and payable no later than one year after a person moves out of the home. If the mortgage company is notified they will likely bring an action to foreclose on the loan. They would take the loan amount, plus interest, plus legal fees; anything left over would go to your mom. If there is a lot of equity in the home the lender may not care as they know they will eventually get their money and the interest will keep compounding.
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