In addition to the documentation requirements for assignment, a Mortgagee electing to assign a Home Equity Conversion Mortgage (HECM) must also provide the following:
- The HECM borrower’s Death Certificate;
- The HECM borrower and Eligible Surviving Non-Borrowing Spouse’s Marriage Certificate, legal opinion certifying the validity of the marriage, or other evidence sufficient to establish the legal validity of the marriage;
- An affirmation that no allegations that would invalidate the HECM mortgage exist or if there were allegations, evidence of the judicial resolution finding in favor of the Mortgagee;
- A signed Mortgagee Certification;
- A signed Eligible Surviving Non-Borrowing Spouse Certification; and
- The Mortgagee must be able to certify the lien is a valid, legally enforceable first lien.
For more information, see Mortgagee Letters 2021-11, 2019-15 and 2015-15 available at https://www.hud.gov/program_offices/administration/hudclips/letters/mortgagee
Any questions may be directed to the FHA Resource Center at Toll-Free (800) CALLFHA (800-225-5342) or by email to answers@hud.gov. Persons with hearing or speech impairments may reach this number by calling the Federal Information Relay Service at (800) 877-8339.