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WILLY73 Asked July 2014

My Mom (95) has a home with a HELOC. She wouldnt sign/sale home to me. What happens if she has to go in a home?

If she goes into a home we need to sell home but it is still in her name and I dont want to have her sign it or sell it to me now as she is up in years. and I understand that they would make me pay for all her medical bill and upkeep and Im retired and living on a fixed income myself.

igloo572 Jul 2014
willy - is it a HELOC, or is it a 2nd mortgage or a reverse mortgage? They are somewhat different as to what happens if the property owner needs to move into a NH. As Rock said, you need to carefully read & re-read the contract to see what the terms are for canceling it.

Is mom current on her installments? and could she pay it off in full tomorrow if the bank called in the HELOC or 2nd today?

pamstegma Jul 2014
Home Equity Line Of Credit? She cannot sign it over or sell it without clearing the loan. No bank will give you a mortgage on a house with a loan against it. If she needs a nursing home and has no other savings, she may get help from Medicaid or the VA. Medicaid will put another lien on the house. The VA will not. Let her stay there as long as she can, and don't sign over or sell anything unless you talk to an Elder Care lawyer.

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Rocknrobin Jul 2014
Do you have a copy of the HELOC? If not, you need one. It will be spelled out about the disposal of the home in there. If your mother isn't suffering from dementia and is in her right mind, you will need to talk to her about paying the HN bill. She may fool you by having money somewhere. Don't go into this blind. You need to get your ducks in a row sooner rather than later. Who is going to make you pay for her medical bills? Did you sign anything saying you would? You are not responsible for your mom's debts.

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