Reverse Mortgage Foreclosure Defense in Florida: What Homeowners and Heirs Need to Know

By Andrew J. Pascale Esq., Florida Foreclosure Defense Attorney

Reverse Mortgages: When Retirement Gets Complicated

Reverse mortgages offer older homeowners the ability to tap into their home equity without monthly payments. But too often, those same homeowners—or their heirs—find themselves facing foreclosure. Florida courts have heard it all: wrongful foreclosures, skipped steps, and grieving heirs being booted from family homes.

Here’s what you really need to know about reverse mortgage foreclosure defense in Florida, backed by real case law.

James B. Nutter & Co. v. Black, 225 So. 3d 954 (Fla. 5th DCA 2017)

📌 Holding: A lender cannot initiate foreclosure until the borrower has died, sold the home, or moved out.

This case dismissed a foreclosure filed before the borrower’s death. The court held that under the terms of the reverse mortgage, the debt had not yet matured. It’s a crucial reminder: lenders must strictly follow the contract.

Edwards v. Reverse Mortgage Solutions, Inc., 187 So. 3d 895 (Fla. 3d DCA 2016)

📌 Holding: Surviving spouses who qualify under HUD rules may not be foreclosed upon, even if they’re not named on the note.

This ruling gave much-needed protection to “non-borrowing” spouses, especially in situations where one spouse signed the reverse mortgage and the other did not. The court deferred to federal regulations aimed at preventing widow(er) evictions.

Smith v. Reverse Mortgage Solutions, Inc. , 200 So. 3d 221 (Fla. 4th DCA 2016)

📌 Holding: Lenders must prove proper notice and actual noncompliance (e.g., unpaid taxes or insurance) before foreclosing.

If a lender fails to follow servicing procedures, including notifying the borrower of alleged defaults, the foreclosure can be thrown out. Reverse mortgage foreclosures demand precision.

Estate of Jones v. U.S. Bank, N.A., 300 So. 3d 774 (Fla. 1st DCA 2020)

📌 Holding: Acceleration of a reverse mortgage must wait until all contractual and regulatory conditions are met.

Heirs argued that the estate was still probating and the lender jumped the gun. The court agreed: just because someone dies doesn’t mean the lender can pounce immediately. Timing is everything.

Bennett v. Bank of America, N.A., 159 So. 3d 991 (Fla. 5th DCA 2015)

📌 Holding: Strict compliance with HUD regulations and mortgage terms is required before initiating foreclosure.

Lenders who skip mandated steps like counseling, notices, or occupancy checks risk dismissal. HUD-backed loans are especially vulnerable to procedural missteps.

Key Takeaways for Florida Borrowers and Heirs

✅ Don’t assume foreclosure is legal just because it’s filed.

✅ Surviving spouses may have special protections.

✅ Lenders must strictly follow all contractual and regulatory steps.

✅ Heirs and estates may challenge premature or improper foreclosures.

Need Help With Reverse Mortgage Foreclosure Defense?

Whether you’re a retiree fighting to stay in your home or an heir protecting family property, Florida law provides options—and courts have your back if the lender cuts corners.

Broward foreclosure defense lawyer

If you find yourself or your loved one facing foreclosure of reverse mortgage due to an event rendering the loan due and payable, such as the borrower’s death or failure to occupy the home as the principal residence, contact Broward County native Andrew J. Pascale, at 877-667-1211 today for effective guidance.