How to sell a deceased parent’s house in Idaho when a reverse mortgage lender keeps requesting renunciation letters
Short answer (FAQ style)
If your father had a Home Equity Conversion Mortgage (HECM) or other reverse mortgage and the servicer is asking for renunciation letters, they are trying to make sure the person who signs the payoff/sale documents has clear authority to sell the property. In Idaho you can sell the house if you have legal authority to act for the estate (for example, as a surviving borrower/co-borrower, holder of a valid power of attorney while the borrower was alive, the personal representative named in a will and issued letters testamentary, or if all heirs agree and sign the lender’s required renunciations). If you don’t have clear authority, you will likely need to open probate or get court approval, or get all heirs to provide the notarized renunciations the lender demands.
Detailed answer — what the lender is asking for and why
Reverse mortgage lenders (most HECMs are federally insured through HUD) treat borrower death as a loan “due and payable.” The servicer must be confident the person selling the home actually has legal authority. That prevents later claims by other heirs. Lenders commonly ask for one or more of these documents:
- Certified death certificate.
- Recorded deed/title showing ownership or survivorship rights (if property was joint tenancy, community property with rights of survivorship, etc.).
- Letters testamentary or letters of administration issued by the Idaho probate court showing a personal representative’s authority to sell the real property.
- Durable power of attorney (if it was valid and the principal was alive when the agent acted) — note most POAs end at death and won’t help after death.
- Affidavits of heirship or other state-authorized small-estate transfers where permitted.
- Notarized renunciation letters signed by potential heirs, disclaiming appointment as personal representative and consenting to the named person’s authority to act.
When the lender asks for renunciation letters, they are usually asking that those who would otherwise have a claim to appointment as personal representative (or otherwise to the property) sign a notarized statement saying: “I do not intend to serve as personal representative / executor and I consent to [Name] acting as the person who will sign payoff and sale documents.” That allows the lender to accept the sale paperwork without waiting for a court-issued appointment.
Authority paths you can use to sell the house in Idaho
Which path applies depends on the facts. Common paths:
- Surviving joint owner or co-borrower: If the property title has a surviving joint owner or the reverse mortgage had a co-borrower who survived, that person can usually sign sale documents. Provide recorded deed or title and death certificate.
- Personal representative (executor/administrator): If the decedent left a will that names a personal representative and the court issues letters testamentary, that person has authority to sell the property. To get letters you must open probate in the Idaho district court in the county where the decedent lived. See Idaho probate statutes and filing information at the Idaho Legislature site: https://legislature.idaho.gov/statutesrules/idstat/Title15/ and Idaho courts self-help information: https://isc.idaho.gov/ .
- All heirs sign renunciations/consents: If all heirs agree, they can sign the lender’s renunciation and sale authorization (usually notarized). Many servicers will accept this in lieu of letters from the court. The lender will tell you exactly what language they require and whether they want recorded documents.
- Small estate procedures or affidavit transfers: Idaho has probate and estate procedures for smaller estates and particular transfers. Where applicable, a small-estate affidavit or other statutory transfer form may allow title to pass without full probate. See Idaho probate statutes: https://legislature.idaho.gov/statutesrules/idstat/Title15/ and Idaho property statutes: https://legislature.idaho.gov/statutesrules/idstat/Title55/ .
- Court order: If heirs disagree or the lender will not accept private renunciations, you can ask the probate court for an order authorizing sale or appointing a personal representative.
Practical steps to move forward
- Get copies of the basic documents. Death certificate, mortgage note and payoff statement, recorded deed, will (if any), any power of attorney, and contact details for all known heirs.
- Call the lender and get requirements in writing. Ask exactly what they will accept to allow a sale: do they accept notarized renunciations from all heirs, or do they insist on court-issued letters? Get the name and email of the person handling the account and ask for a payoff quote and any deadlines or timelines.
- Confirm title status. Obtain a title report or run a county recorder search to confirm who appears on title and whether there are other liens.
- If all heirs agree, obtain notarized renunciation/consent forms. Use the lender’s required form or get their approval of your form. Make sure the signer’s identity is properly notarized.
- If there is a valid will naming a personal representative, open probate and obtain letters testamentary. File the will and petition with the appropriate Idaho district court if the lender will not accept private consents. See general Idaho probate resources: https://legislature.idaho.gov/statutesrules/idstat/Title15/ and Idaho courts: https://isc.idaho.gov/ .
- If you are unsure of heirs or there is a dispute, consult a probate attorney. If heirs disagree, the lender will likely require a court order before allowing a sale.
- Consider alternatives to a straight payoff sale. Heirs may be able to refinance to keep the home (paying off the reverse mortgage balance) or sell the home as a short sale approved by the lender. HUD has general HECM owner/ heir information here: https://www.hud.gov/program_offices/housing/sfh/hecm/hecmhome .
Common pitfalls
- Assuming a power of attorney survives death — POAs generally end when the principal dies.
- Relying on an unsigned verbal agreement from the lender — get requirements in writing.
- Not notifying the servicer promptly — a missed notification can lead to acceleration notices or additional charges.
- Accepting a quick, informal renunciation without notarization or the exact language the lender requires — lenders often reject nonconforming documents.
Helpful hints
- Document checklist: death certificate, recorded deed, mortgage account number, payoff statement, will, list of heirs with contact info, any POA documents.
- Ask the lender for their exact renunciation wording and whether they will accept a private form or need court-filed documents.
- Use a notary public when collecting renunciations and keep original notarized documents.
- If heirs live out of state, use a notary or remote online notarization where legally permitted; verify the lender accepts that format.
- Keep a careful timeline: HUD rules and servicers have deadlines for making the loan due and payable and for bringing the property to market.
- Get a title company or real estate attorney involved early if you plan to list the property — they can confirm the lender’s requirements for closing.
- If you cannot get unanimous renunciations, opening probate and obtaining letters from the Idaho district court is often the shortest reliable path to clear authority to sell.
Where to get more information and forms
Federal HECM information (general program and heir options): https://www.hud.gov/program_offices/housing/sfh/hecm/hecmhome
Idaho statutes — probate and decedents’ estates (Title 15): https://legislature.idaho.gov/statutesrules/idstat/Title15/
Idaho statutes — property law (Title 55): https://legislature.idaho.gov/statutesrules/idstat/Title55/
Idaho courts and self-help resources: https://isc.idaho.gov/