Weekly Report has added a new section called the “Servicing Corner” so that we can better educate our readers on the most commonly asked questions that loan officers ask about HECM servicing guidelines. This week’s question focuses on the occupancy certificate.
Question: My mother was healthy when she did a reverse mortgage, but now is unable to sign the Annual Occupancy Certificate. Can I sign the AOC for her?
Answer: Yes, you may sign the AOC if certain conditions are met, which include:
- Your mother must still be living in the home, and the home must be her primary residence;
- You must have a Power of Attorney (POA) signed when she had capacity to do so;
- You must be named Attorney-in-Fact in the POA document;
- The POA document must be provided to the Servicer, approved and added to the loan record;
- You must provide the Servicer with a photo ID, such as a state-issued driver’s license, and any other required documentation to support the POA;
- When signing as an Attorney-in-Fact, you should sign in the following manner: <Your Signature>, Attorney-in-Fact for <Borrower’s Name>
The Servicer may require you to obtain a letter from your mother’s doctor, on physician letterhead, that states:
- When your mother signed the POA, she had capacity to do so;
- Your mother no longer has capacity;
- The nature of your mother’s incapacity;
- The date of diagnosis; and
- Your mother is not expected to regain capacity.
Contact your servicer as soon as possible for further guidance on this matter.
If you have a question that you would like answered in a future issue, please email Darryl Hicks, at dhicks@dworbell.com.
