Contact the reverse-mortgage servicer promptly, confirm whether the loan is an FHA-insured Home Equity Conversion Mortgage (HECM), and ask for the FHA case-number assignment date and a written eligibility decision. Some surviving non-borrowing spouses can remain in the home under HUD rules, but eligibility depends on the loan date, the loan documents, marriage and occupancy history, and continuing obligations such as taxes, insurance and maintenance.
Start with the loan type and FHA case-number date
Federal protections described here apply to FHA-insured HECMs, the most common type of reverse mortgage. A proprietary reverse mortgage is governed primarily by its contract and may use different procedures. Ask the servicer to identify the loan type in writing before relying on HECM rules.
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For a HECM, the key date is when the Federal Housing Administration (FHA) assigned the loan’s case number. The cutoff used in the Consumer Financial Protection Bureau’s current explanation is August 4, 2014. Ask the servicer for that date, not merely the closing date, and keep its response with your records.
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| FHA case-number assignment | Possible federal path | What it means for the spouse |
|---|---|---|
| On or after August 4, 2014 | Servicer evaluates whether the spouse meets HUD’s eligible non-borrowing spouse conditions. | If approved and the conditions remain satisfied, the spouse may be able to remain in the home, but receives no additional reverse-mortgage proceeds. |
| Before August 4, 2014 | The servicer may elect Mortgagee Optional Election (MOE) Assignment for an eligible spouse, or may proceed toward foreclosure. | MOE is not automatic. The spouse must ask which route the servicer is taking and what evidence it requires. |
The CFPB’s consumer explanation, last reviewed January 2, 2025, is available at What happens to my reverse mortgage when I die?.
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Call the servicer and request a written review
Use the telephone number on the latest loan statement. Tell the representative that the borrower has died and that you are the surviving spouse who was not a borrower. Ask for the department that handles borrower deaths or eligible non-borrowing spouse reviews.
- Report the death. Ask how the servicer wants the death certificate submitted and whether it needs an original, certified copy or a secure upload.
- Identify the loan. Request written confirmation of whether it is an FHA-insured HECM, the FHA case-number assignment date, the current loan balance and the servicer’s contact information for the file.
- Ask about status. Find out whether the loan has been declared due and payable, whether any deadline is currently running, and whether foreclosure or another enforcement action has begun.
- Request an eligibility determination. Ask whether the servicer is evaluating you as an eligible non-borrowing spouse, which HUD policy it is applying, what documents are required and where to send them.
- Create a paper trail. Keep copies of every letter, upload confirmation, email and form. Record the date, representative’s name, telephone number and substance of each call. Send important requests in writing and ask for a written response.
Do not assume that a verbal statement from a call-center representative is the final decision. A written determination should identify the policy used, the facts the servicer accepted, any missing evidence and the next step.
Post-August 4, 2014 HECMs: conditions for staying in the home
For a HECM with an FHA case number assigned on or after August 4, 2014, the servicer determines whether the surviving spouse qualifies under HUD’s non-borrowing spouse rules. The principal conditions described by the CFPB are:
- You were married to the borrower when the reverse-mortgage documents were signed and remained married until the borrower’s death.
- You were identified and named in the HECM documents as the non-borrowing spouse.
- You lived in the home at closing and continue to occupy it as your principal residence.
- You continue to meet the loan’s property and occupancy requirements.
The servicer may request marriage records, identification, proof that the property is your principal residence and evidence that taxes, insurance and maintenance obligations are current. Provide the exact documents requested and ask for a receipt or confirmation that the file is complete.
The CFPB also describes a specific rule for same-sex couples who could not legally marry when the loan originated. Because the applicable facts and dates matter, ask the servicer to explain that rule in writing and consult a HUD-approved housing counselor or attorney if it disputes eligibility.
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Approval does not turn you into a borrower and does not create a new line of credit. As the CFPB states: “An Eligible Non-Borrowing Spouse will not get any money from the reverse mortgage.”
Pre-August 4, 2014 HECMs: MOE is a lender election
For an older HECM, HUD created Mortgagee Optional Election (MOE) Assignment as a way for a lender to defer the loan becoming immediately due and payable for an eligible surviving non-borrowing spouse. HUD’s June 12, 2015 announcement describes the policy as giving FHA-approved lenders expanded options to let eligible spouses potentially remain in their homes. Read the announcement at HUD’s 2015 FHA release.
The word optional is important. The CFPB’s current overview says a servicer may elect MOE or proceed toward foreclosure. Assignment is therefore not an automatic entitlement merely because the spouse lived in the property. Ask the servicer:
- Whether it is offering or electing MOE Assignment;
- What eligibility criteria it is applying;
- Which deadline governs your submission; and
- What happens if it declines the election.
HUD’s 2015 description says the lender must agree to the election and that the spouse must remain current on property taxes and homeowners insurance and maintain the property. Keep proof of payments, insurance coverage and completed repairs.
HUD’s 2021 title change does not settle ownership
Mortgagee Letter 2021-11 eliminated the requirement that an eligible non-borrowing spouse establish marketable title or another legal right to remain in the property as an eligibility condition for the federal process. The letter is available at HUD Mortgagee Letter 2021-11.
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This change does not decide who owns the house. Deed records, a will, trust documents, intestacy rules, probate authority, liens and other state-law issues remain separate questions. A federal eligibility decision can defer a HECM’s due-and-payable status without transferring title or completing probate. If the borrower owned the property alone, or if heirs dispute control of the estate, obtain advice from an attorney familiar with probate and reverse mortgages.
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Keep the property and loan obligations current
While the servicer reviews the case, continue treating the home as your principal residence. HECM obligations include:
- Occupying the property as your principal residence;
- Paying property taxes and homeowners insurance when due; and
- Maintaining the home in good repair and addressing required work.
Failure in any of these areas can independently make a HECM due and payable, even apart from the borrower’s death. The CFPB explains borrower responsibilities at What are my responsibilities as a reverse mortgage loan borrower?.
Ask the servicer how it is handling property-charge set-asides, unpaid bills, insurance renewals or repairs already in progress. Do not let uncertainty about the review cause a lapse in coverage or taxes. Keep receipts, cancelled checks, policy declarations and dated photographs of completed work.
Assemble a complete document file
The servicer should give you its formal checklist. These records are commonly useful for starting the review:
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- The reverse-mortgage note, closing disclosure and other closing documents;
- The borrower’s death certificate;
- Marriage certificate or other official proof of the marriage;
- Your government identification and contact information;
- Evidence that the home is your principal residence, such as an official mailing record or utility statement;
- Recent property-tax receipts, homeowners-insurance declarations and repair invoices; and
- Deeds, trust papers, probate filings or other title records, if available.
Send copies unless the servicer specifically requires an original. Use a trackable delivery method or the servicer’s secure portal, and retain the submission confirmation.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Understand notices and the 30-day interval
Mortgagee Letter 2022-15 sets a notice requirement for the servicer. After the mortgagee notifies HUD that a HECM became due and payable because the last surviving borrower died, the mortgagee must provide a due-and-payable notice to the estate, heirs or another party with legal title within 30 days. Read the letter at HUD Mortgagee Letter 2022-15.
That 30-day period is the servicer’s notice interval. It is not a universal 30-day deadline for you to prove eligibility, and it does not guarantee that the loan can remain open for 30 days without further action. Follow the deadline printed on your notice, ask in writing what response is required and request confirmation that your eligibility review is active.
If a notice mentions foreclosure, a sale date, an eviction, a payoff demand or a deadline you cannot meet, contact a HUD-approved housing counselor or an attorney immediately. Do not ignore a notice while waiting for a telephone callback.
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The eligibility process can be difficult, particularly when the spouse was omitted from closing documents, the marriage or occupancy history is complicated, title is held in a trust, or the servicer’s records conflict with yours. The CFPB recommends seeking a HUD-approved housing counselor or an attorney. Ask specifically for experience with HECM non-borrowing spouse cases, probate and foreclosure prevention.
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An adviser can help you organize evidence, interpret the servicer’s written decision, distinguish federal eligibility from state-law ownership, and respond to a deadline. Keep the adviser informed of every new notice and do not surrender original documents without a receipt.
If the servicer says you are not eligible
Request the decision in writing. It should identify the reason, the documents considered, any missing evidence, the policy applied and any appeal, escalation or response process. Compare the decision with the facts you can document: the FHA case-number date, whether you were named in the HECM documents, marriage status at signing and death, occupancy at closing and afterward, and payment and maintenance history.
Ask whether the servicer is treating the loan as a pre-2014 MOE case, a post-2014 eligibility review, or a non-HECM contract. If the decision appears to rely on a title requirement, ask how it accounts for HUD Mortgagee Letter 2021-11. A counselor or attorney can assess whether the servicer followed the applicable process and whether state probate or title action is needed.
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- Being married to the borrower alone guarantees the right to stay. The documents, case-number date, occupancy and continuing obligations matter.
- MOE Assignment is automatic for every older HECM. HUD describes it as an option the lender may elect.
- HUD automatically takes over the loan or pays the balance. The federal process does not resolve every title, estate or contractual issue.
- The spouse will receive future reverse-mortgage draws. An eligible non-borrowing spouse receives no additional HECM proceeds.
- The 30-day HUD notice rule is your universal response deadline. Your actual obligations come from the notice and the servicer’s written instructions.
A practical first-week checklist
- Locate the latest statement and call the servicer’s borrower-death or reverse-mortgage department.
- Report the death and submit the death certificate as instructed.
- Ask for the HECM status, FHA case-number assignment date, balance and written eligibility-review process.
- Gather marriage, occupancy, title, tax, insurance, maintenance and closing records.
- Keep living in the home as your principal residence and keep taxes, insurance and repairs current.
- Log every contact and send a written confirmation of unresolved questions.
- Contact a HUD-approved housing counselor or attorney as soon as eligibility, title, probate or foreclosure is disputed.
Federal HECM rules provide a framework, not a promise of a particular outcome. Your written loan records, the servicer’s decision and applicable state law determine what happens next.
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