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Can my HOA legally deny me a reverse mortgage? I've been in…

Can my HOA legally...

Can my HOA legally deny me a reverse mortgage?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I've been in contact with a mortage lender who actually contacted the association, and was denied

Lawyer's Assistant: Where is the property located?

Parma Ohio inner suburb of Cleveland

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Answered in 7 minutes by:
5/16/2018
Olivia Kent
Category: Real Estate Law
Satisfied Customers: 4,723
Experience: Executive Director at Neurogenx Nerve Center of Princeton
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only. No course of action is proposed and the information provided does not constitute legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.
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I'm assuming you own your own home, correct?

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Customer reply replied 3 months ago
it is paid for

So, unless the homeowner's association somehow magically owns the property with you (and you haven't stated that they do) they have ZERO ability to tell you what kind of mortgage you can or can't have. That's gross over-reaching on their part. It's odd that the lender even contact the association - since I see absolutely no reason why they would need or want to do something like that.

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Customer reply replied 3 months ago
They didn't care when I bought this condo thru Fannie Mae. I don't know why they would now

They SHOULDN'T care and they have NO RIGHT to any say on the matter.

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And it's frankly nuts that the lender even consulted them.

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Customer reply replied 3 months ago
according to the lender, there are qualifications they must meeet

And those require them to speak to your HOA?

Olivia Kent
Category: Real Estate Law
Satisfied Customers: 4,723
Experience: Executive Director at Neurogenx Nerve Center of Princeton
Verified
Olivia Kent and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 3 months ago
something to do with FHA, they have to have approval for them eg. Fannie Mae

So what it sounds like to me is that the lender wants to reach out to the HOA to confirm some information for themselves - but the HOA has no ability to restrict you from getting the type of mortgage you want. That's between you and the lender.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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