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James E. Veale, CPA, MBT

Dennis,

Your citing of the nonsense Consumer Reports presents successfully raised my ire. At the top of the webpage you linked to the April 2008 article in Consumer Reports.org on Reverse Mortgages,
CR claims to be not only nonprofit and independent but also EXPERTS (all caps added).

First let’s dispel with the idea that they are altruistically nonprofit. In reading the CR 2006 IRS Form 990 (their real name is the “Consumers Union of United States, Inc.”) for the fiscal year ended May 31, 2007 their accrual basis income exceeded their expenses by almost $13 million and their historical cost assets exceeded their current valued liabilities by over $98 million. Even though the term “nonprofit” has a technical meaning they may qualify under, they are in fact a tax-exempt profit making organization with tremendous reserves.

Moving on to their implied expertise in tax matters, Consumer Reports has “divined” the conclusion that no RM borrower can ever deduct any portion of their upfront costs. With over 37 years experience in and holding a masters degree in taxation, without sufficient taxpayer information, I personally cannot reach that conclusion on any RM borrower. I am (sarcastically) amazed that they can. It seems the author spent so much time doing in depth tax research and analyzing every RM borrower’s tax information, he/she forgot to identify himself/herself as the author.

There is no question that there are no closing costs that are tax deductible; however, the same holds true for those same expenses on all principal residence mortgages, forward or reverse. FHA MIP, however, may be deductible and origination fees may be classifiable as deductible points. As to the timing and deductibility of FHA MIP and the categorization, timing, and deductibility of the origination fees, the rules are the same for both forward and reverse mortgages.

So it seems that not only does Consumer Reports unjustifiably emphasize the least favorable aspects of reverse mortgages but as self-proclaimed experts, they also intentionally misrepresent the deductible of RM upfront costs so as to put reverse mortgages in a further bad light. But for what purpose??

James E. Veale, CPA, MBT

Dennis,

For once we disagree. The article by Mr. Morris appears to be nothing more than reactionary. It is a model of what not to write.

For example not all outstanding RMs are HECMs. Nor all RMs currently being originated HECMs. Some state governments still offer their own versions of RMs.

Second, are the higher lending limits actually available? Unless and until HUD issues a Mortgagee Letter, Mr. Morris’ claims are “toothless”; however, his claims make him and the rest of us look like a bunch of firebrands. [Remember how HUD never implemented the law requiring waiver of the upfront MIP when proceeds were used to purchase LTC insurance? Finally after almost a decade and in recognition of the futility of this provision without HUD’s implementation, Congress and the President eliminated it in HERA.]

Who really cares about our own “strict” Code of Ethics when one of Generation’s own “peers” had to be reprimanded and fined by the NY AG for its obviously deceitful use of a tax-exempt to market RMs. Even more recently, this month, the CEO of the largest retail RM originator in the country self-righteously testified before Congress and a national TV audience that his bank does not offer negatively amortized mortgages. There is an old Biblical admonition: “Pride cometh before the fall.”

Not all RMs have government mandated counseling. Maybe they need it. In 2006 over concern that proprietary counseling was not objective, California mandated that all RMs have counseling by HECM approved counselors.
Why did Mr. Morris have to cite a careless claim of some dear senior at the end? Not even this dear senior has any guarantee that she will be able to stay in her home until she dies. This once again points up the so-called adherence to a strict Code of Ethics. Citing this claim is the most infuriating and irresponsible part of this poorly crafted “counter-offensive.”

If we fail to admonish our leaders when they retaliate with irresponsible claims and appeals, not only are they failing our industry and our seniors but more importantly, ourselves.

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Dec 2008 teleseminar with Barbara Friesner of AgeWiseLiving


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