How to sell a father’s house in Pennsylvania when the reverse mortgage lender keeps requesting renunciation letters
Short answer: Don’t sign anything until you confirm exactly what the lender needs. In most cases you can sell the house by providing the lender with a death certificate, documentation proving who may act for the estate (or an heirship/small‑estate document), and a payoff. A renunciation letter is usually a procedural document lenders request when there is uncertainty about who has authority to act. If the lender won’t accept the routine probate or heirship paperwork, get a real estate or probate attorney involved.
Detailed Answer — step‑by‑step under Pennsylvania law and federal reverse‑mortgage rules
This FAQ assumes your father held a federally insured reverse mortgage (a HECM) or a similar product that becomes due when the last borrower dies. Federal rules and the loan contract give the lender a right to require repayment (or a sale) when the borrower dies. State probate rules control who can legally sell or convey title in Pennsylvania. The lender’s request for “renunciation letters” is usually about proving who actually can act to sell the property.
1) Stop and get the lender’s request in writing
Ask the lender to send a clear, itemized list of every document it needs and explain the purpose of a “renunciation letter.” Ask: “Do you need renunciation of an executor appointment, an affidavit of heirship, or renunciation of a power of appointment?” Get a contact name and an email address so you and any attorney can communicate directly.
2) Gather the basic, required documents
- Certified death certificate (lender will need an official copy).
- The original loan documents or the loan number and most recent statement (if you have it).
- Proof of who owns title to the house (the deed). If your father was sole owner, title passes according to his will or intestacy rules absent joint owners or a surviving spouse.
- If someone was appointed to administer the estate, provide letters testamentary or letters of administration from the Register of Wills / Orphans’ Court.
3) Understand what a “renunciation letter” often means
Lenders may request a “renunciation” when multiple people appear to have potential claims or when a named personal representative declines to serve. Common meanings:
- Renunciation of appointment: a named executor/executrix (in the will) has formally declined to serve, so the court must appoint another administrator.
- Renunciation of interest: a person who might be an heir signs a document saying they don’t claim the property so one person may sell it without later disputes.
- Renunciation of spousal rights / elective share: rare, but lenders sometimes ask for waivers if spouses or former spouses are involved.
Because Pennsylvania’s probate and intestacy rules control who can sign or convey real estate, the lender wants legal assurance that the person signing the sales documents has clear authority and that other potential claimants will not later interfere.
4) Typical ways to satisfy the lender so you can sell
Depending on the facts, one of these usually works:
- Provide letters testamentary or letters of administration. If an executor or administrator has been appointed by the Orphans’ Court, provide certified copies. These documents prove who can sell estate property.
- Use a small‑estate process or affidavit of heirship (if available and appropriate). Pennsylvania has procedures (and county practices vary) for small estates or for a deed transfer by heirs. Ask the county Register of Wills what is accepted.
- Get signed renunciations from other heirs if the lender specifically requests them. If the lender wants heirs to renounce any claim so a single heir can sign the payoff and closing papers, the heirs must sign a clear, notarized renunciation document. Have an attorney prepare or review such documents.
- Have the lender accept a payoff and release on closing. Often the lender will accept a sale payoff at closing if the title company confirms the seller has authority to transfer the property and all required probate documents are on the title file.
5) Timeline and payoff
Federal reverse mortgage rules and typical loan documents make the loan due and payable after the borrower’s death. Heirs normally have the option to sell the property, pay off the loan with sale proceeds, and keep any leftover equity. Lenders will issue a payoff statement. Before listing the house, request a written payoff quote from the lender so buyers and title companies know the expected curb-to-closing numbers.
6) When you still face a lender insisting on renunciations
- Ask the lender to say precisely why the renunciations are needed and to identify the statute, loan term, or policy that requires them.
- Ask the title company or closing attorney what they need to insure the sale and pay the lender. Often the title insurer will accept other probate documents or escrow instructions instead of broad renunciations.
- If the lender refuses to proceed despite adequate proof of authority, get a probate or real estate attorney involved immediately. The attorney can communicate with the lender and, if needed, file a short petition with the Orphans’ Court to clarify authority.
7) Practical example (hypothetical)
Fact pattern: Dad had a HECM in his name only and died. You are the named executor in his will but you told the lender you didn’t want to serve; the will’s backup executor isn’t responding. The lender asks for renunciations from all heirs so one heir can close the sale.
Steps to resolve: order certified death certificate; speak with the Register of Wills and get letters of administration (or petition the Orphans’ Court to appoint you); get a payoff from the lender; open an escrow with a title company; use the court appointment or executed heir renunciations so the title company will insure the sale; close and pay the lender with sale proceeds.
8) Key federal resources
For central information on reverse mortgage rules and what happens after the borrower dies, see HUD and CFPB guidance:
- HUD — Home Equity Conversion Mortgage (HECM) program: https://www.hud.gov/program_offices/housing/sfh/hecm
- CFPB — What happens when someone with a reverse mortgage dies: https://www.consumerfinance.gov/ask-cfpb/what-happens-when-someone-with-a-reverse-mortgage-dies-en-1940/
Bottom line: The lender is trying to eliminate the risk of competing claims. You can usually sell the house once you provide a death certificate and legal proof of who can act (probate letters or accepted heirship paperwork). If the lender insists on renunciations that you believe are unnecessary, involve a Pennsylvania probate or real estate attorney or the county Register of Wills to resolve the dispute before closing.
Disclaimer: This is general information, not legal advice. Laws and procedures change and county practices vary. Consult a Pennsylvania probate or real estate attorney to get advice tailored to your situation.
Helpful Hints — making the process go smoothly
- Get the lender’s requirements in writing before you file anything or ask heirs to sign documents.
- Order multiple certified copies of the death certificate early — lenders and county courts often require originals.
- Contact the county Register of Wills / Orphans’ Court to learn the exact local probate steps and forms the court uses.
- Use a title company or closing attorney experienced with reverse mortgages; they know the documents lenders and insurers accept.
- Don’t rely on a previously signed power of attorney — powers of attorney terminate at death and won’t help you handle the borrower’s estate after death.
- If several heirs exist, try to get written cooperation (or limited renunciations) from them where reasonable — it speeds closing and reduces lender objections.
- If the lender seems unreasonable, hire a Pennsylvania probate lawyer to communicate with the lender and to, if needed, seek court clarification quickly from the Orphans’ Court.
- Watch for scams: lenders will not ask you to wire sale proceeds to unknown accounts or to sign away property rights without documentation and a closing performed by a title company or attorney.