Posted on: 06th May, 2009 12:42 pm
My mom has Alzheimers and was not able to take care of herself, so I moved in to take care of her. I was told by a lawyer that I could not file for power of attorney because of her condition. I am no longer able to take care for her and have made the decision to put her in a nursing home. Can her property be quitclaim to me if she still owes a mortgage?
hi kabee,
your mother can quitclaim the property to you but you'll have to refinance the mortgage in your name. moreover, you should check out the loan docs to know whether there is a due on sale clause mentioned in it. if there is a due on sale clause, then the lender will ask your mother to pay off the mortgage immediately after she transfer the property to you.
you have mentioned that you would be putting her in the nursing home. will she apply for medicaid? transfer of the property to you will make her ineligible for medicaid benefit for the next 5 years.
thanks
your mother can quitclaim the property to you but you'll have to refinance the mortgage in your name. moreover, you should check out the loan docs to know whether there is a due on sale clause mentioned in it. if there is a due on sale clause, then the lender will ask your mother to pay off the mortgage immediately after she transfer the property to you.
you have mentioned that you would be putting her in the nursing home. will she apply for medicaid? transfer of the property to you will make her ineligible for medicaid benefit for the next 5 years.
thanks
James your statement is interesting
"Transfer of the property to you will make her ineligible for Medicaid benefit for the next 5 years"
can you share some more information about this.
How does this affects her Medicaid benifits?
"Transfer of the property to you will make her ineligible for Medicaid benefit for the next 5 years"
can you share some more information about this.
How does this affects her Medicaid benifits?
Actually this topic depends upon many factors.All loan & mortage owner is she so you need to transfer all this to youe name and you need to follow Quit Claim. By this way you can all this put your name.Because a quitclaim deed is a term that passes that claim to another person.And other will be resposible to pay mortage and all pay relealed to mortage or loan.
But Before that you need to take permission from her and take legal sign from her.
I hope you understand what you need to do.....
Thanks
Hari
But Before that you need to take permission from her and take legal sign from her.
I hope you understand what you need to do.....
Thanks
Hari