Utrzymanie nieruchomości jako koszt korzystania z odwróconego kredytu hipotecznego
Maintenance of a real estate as a cost of usage of reverse mortgage

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Summary/Abstract: Obtaining a reverse mortgage is related to the obligation of maintaining a proper technical condition of real estate which is a security for the repayment of the credit. The debtor has to bear the costs of necessary repairs and renovations throughout the duration of the contract, which in fact reduce the economic value of credit amount. The article is an attempt to analyse legal regulations applicable in Poland if it comes to detailed specification of the debtor’s responsibilities connected with the maintenance of real estate, as well as guaranteeing the potential debtor comprehensive information on this issue. It will also be analysed whether the legislator provided sufficient measures to protect the debtor in case of inability to meet the obligation in question, resulting from health or financial reasons. The considerations are conducted on the assumption that the debtor is an elderly person considering a reverse mortgage mostly as a measure required to fill in the deficits in the household budget. As can be seen from the analysis, Polish legislator in the Act on reverse mortgage did not properly take into account the importance of the debtor’s obligation to maintain the property in a non-deteriorated condition, which, as opposed to the assumptions underlying the Act on reverse mortgage, may result in the service that is a high risk transaction for elderly people.

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