A recent change by the Department of Housing and Urban Development expanded the rights for non-borrowing spouses of reverse mortgage borrowers.

While a Florida judge’s ruling in a court of appeals that the definition of “borrower” includes surviving spouses supersedes the HUD changes because the case was filed in Florida before those changes were announced, attorneys at Ballard Spahr note that the case could have implications for others in Florida independent of the federal rule.

“The decision from the Florida Court of Appeals will forestall lenders’ foreclosure actions on reverse mortgages in Florida with respect to a surviving spouse and the Court’s reasoning may be followed in other jurisdictions,” wrote Alan Petlak and Sarah Reise.

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