Posted on: 13th Jan, 2011 05:50 am
question:
in 2006 my husband & i created a will then 3 months later refinanced our home. end of 2006 found out that predatory lenders had our 2 loans more than home's value. in 2007 we filed against the predatory lenders (fraud) and they countered by filing foreclosure. in 2008 my husband became sick & had to be placed in nursing home under medicaid. in 2009 medicaid said one year was up and that i had to sign a recovery paper so i could keep him in nursing home. in 2010 we won case against predatory lenders clearing both loans but found out that it is deeded half to hubby and half to me. predatory lenders in 2006 did not do a joint survivorship deed. then end of 2010 hubby died. since all legal actions started before medicaid got involved, do i get to keep the house free from medicaid. i want to remove my husband's name & place son's name so we can get a home equity loan to fix house.
in 2006 my husband & i created a will then 3 months later refinanced our home. end of 2006 found out that predatory lenders had our 2 loans more than home's value. in 2007 we filed against the predatory lenders (fraud) and they countered by filing foreclosure. in 2008 my husband became sick & had to be placed in nursing home under medicaid. in 2009 medicaid said one year was up and that i had to sign a recovery paper so i could keep him in nursing home. in 2010 we won case against predatory lenders clearing both loans but found out that it is deeded half to hubby and half to me. predatory lenders in 2006 did not do a joint survivorship deed. then end of 2010 hubby died. since all legal actions started before medicaid got involved, do i get to keep the house free from medicaid. i want to remove my husband's name & place son's name so we can get a home equity loan to fix house.
Welcome SC,
As your husband's name is on the property, the Medicaid may take it over to recover their dues. Nevertheless, I will suggest you to contact an attorney and take his suggestions in this regard.
As your husband's name is on the property, the Medicaid may take it over to recover their dues. Nevertheless, I will suggest you to contact an attorney and take his suggestions in this regard.