Selling a Father’s Home with a Reverse Mortgage in New Jersey — When the Lender Requests Renunciation Letters

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

What to do when a reverse mortgage servicer requests renunciation letters before a home sale

Short answer — practical next steps

If your father had a reverse mortgage, the loan generally becomes due when he dies. The servicer will need proof of who has authority over the property before they will accept a payoff or release the mortgage for a sale. When the servicer asks for “renunciation letters” they are usually trying to confirm that a nominated executor/administrator or an heir has formally declined to act, so someone else can be appointed to handle the estate and sign closing documents. The fastest way to sell the house is to establish clear legal authority to sign for the property (either by providing letters testamentary/administration or by using the appropriate small-estate or Surrogate’s Court process in New Jersey), obtain a payoff quote from the servicer, and coordinate the sale so loan payoff occurs at closing.

Detailed answer — what the servicer likely needs and why

1. Why the servicer asks for renunciation letters

Reverse mortgage servicers must be sure the person signing documents has legal authority. If a previously named executor or administrator was appointed (or is nominated in a will) but declines to serve, the servicer may request a written renunciation (a signed document saying that person refuses appointment). That lets the servicer rely on the next person in line to act. Sometimes lenders also request renunciations from heirs who might claim title, so the servicer can proceed without fear of competing claims.

2. How New Jersey probate and title issues affect a sale

Who must sign the sale documents depends on how title was held:

  • If the house was in joint tenancy with right of survivorship, the surviving joint tenant usually becomes sole owner and can sell without probate.
  • If the house was solely in your father’s name, the person with legal authority to sell is the executor named in the will or an administrator appointed by the Surrogate’s Court. If no one has been appointed yet, the court process will usually be required.

New Jersey courts handle wills and estate administration through the Surrogate’s Court. See general guidance from the New Jersey Courts on probate and estate administration: https://www.njcourts.gov/selfhelp/willsestate.html.

3. Common documents the servicer will request

  • Certified death certificate
  • Certified copy of letters testamentary or letters of administration from the Surrogate’s Court, OR a properly executed renunciation (if someone nominated to serve refuses) so the court or servicer can accept someone else
  • Affidavit of heirs or small-estate affidavit (if applicable and accepted by the servicer)
  • Payoff statement or payoff demand request from the servicer

4. Practical routes to complete the sale

Choose the path that applies to your situation:

  1. Executor or administrator available: Provide the servicer with certified letters testamentary/administration and a certified death certificate. The executor can order a payoff and sign closing documents.
  2. Nominee has to renounce: If a nominated executor or administrator refuses to serve, have that person sign a renunciation and file it where required by the Surrogate’s Court. Once the court recognizes the renunciation, the next person may petition for appointment, or the court may allow another person to act. The servicer asked for the renunciation so they can accept an alternative representative.
  3. No one appointed and estate qualifies for simplified process: New Jersey has procedures for small estates and affidavits in limited circumstances. Ask the Surrogate’s Court about small-estate procedures and whether the servicer will accept a small-estate affidavit in lieu of letters. See the New Jersey Courts probate information: https://www.njcourts.gov/selfhelp/willsestate.html.
  4. Refinance or payoff before sale: If an heir can refinance or otherwise payoff the loan, they can clear the mortgage and sell as owner. The servicer will provide a payoff amount and instructions.

5. Communication and timing

Contact the reverse mortgage servicer early and ask for a written list of required documents and a current payoff quote. Servicers often set deadlines for exercising options (sell, refinance, repay). Keep records of all communications and get required documents certified by the Surrogate’s Court when possible.

6. When the servicer continues to demand renunciations

If the servicer keeps refusing to accept alternate proof of authority or insists on additional renunciations that seem unnecessary, you have options:

  • Ask the servicer to explain in writing exactly why additional renunciations are required and cite the policy or authority they are relying on.
  • Request escalation to a supervisor or the servicer’s loss-mitigation or legal department.
  • Contact the New Jersey Division of Consumer Affairs or the federal Consumer Financial Protection Bureau (CFPB) if the servicer’s requirements seem unreasonable or inconsistent.
  • Consult a New Jersey probate or real estate attorney to prepare the correct renunciation, affidavit, or court petition and to liaise with the servicer.

For federal information about Home Equity Conversion Mortgages (HECMs, the FHA-backed reverse mortgage): https://www.hud.gov/program_offices/housing/sfh/hecm/hecmhome.

Helpful hints

  • Start by ordering a certified death certificate and a title search. These facts determine who can sign for a sale.
  • Ask the servicer for a written checklist of required documents and a current payoff figure with an expiration date.
  • If someone is unwilling to serve as executor, get their renunciation in writing and file it with the Surrogate’s Court if required.
  • Check whether the estate qualifies for a simplified or small-estate procedure in New Jersey before initiating full probate. The Surrogate’s Court site explains basic local procedures: https://www.njcourts.gov/selfhelp/willsestate.html.
  • Use a real estate agent experienced with reverse mortgage sales and estate closings.
  • If the servicer becomes uncooperative, document everything and consider contacting the CFPB: https://www.consumerfinance.gov/complaint/.
  • Get legal help when paperwork gets stuck. A New Jersey probate or real estate attorney can prepare the correct renunciation or petition the Surrogate’s Court so the sale can close.

Disclaimer: This article explains general principles under New Jersey procedures and federal HECM practice for informational purposes only. It does not provide legal advice, create an attorney-client relationship, or substitute for a consultation with a licensed New Jersey attorney who can analyze your specific situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.