Mom is in NH on Medicaid. Mom is still on mortgage for our house. New money coming. I need to use some or will lose house. Can I repay later, or can they force sale upon her death? I cannot claim farm or disability hardship. I was able to get a loan modification, which helped, but not enough. I don't care if they put a lien on the house. I just need a place to live. Moving will put me in drug neighborhood but Medicaid won't see that as a legit hardship.
Your mother is a co-mortgagor (co-borrower) with you (and someone else??) for the loan on your house.
Who holds title to the house? Is it held jointly between you, DH and your mother? Or do you hold title as sole owner?
I see 2 possibilities: you own the house, your mother guaranteed, but did not execute the mortgage or mortgage note.
Or: you, your mother and possibly someone else hold title jointly and each of you signed the mortgage.
What is the "new money" and when is it expected?
I'm going to pass on the other Medicaid specific questions because I'm not that knowledgeable on that subject.
But what I don't understand is whether your mother is a fee holder as well or has just co-signed your mortgage. There's a big difference.
In the meantime, if despite the loan modification it is still difficult to maintain payments on the house, have you investigated moving to subsidized housing? Maybe an apartment, although sometimes apartment rentals are higher than mortgage payments.
During the recession, borrowers whose homes were in the process of foreclosure were provided lists of counseling agencies that might be able to offer assistance, including with loan modifications. Perhaps you could seek the help of an agency like that.
Another alternative, which isn't particularly desirable, but I've done it when I had to, and that's to work 2 jobs.
Where did mom reside prior to nursing home?
What are her conditions that require nursing level care?
If with you did you provide medically necessary care that could be documented with doctor verification?
If so, how long did you provide the care?
Have you met with an elder law attorney to discuss available options?
I am not trying to be intrusive. If you provided care for her in the home keeping her off Medicaid recovery may not apply.
I'd suggest you find your mortgage agreement pronto. Read to see how name changes affect the agreement and how you are to notify the mortgage holder. As others have said, you cannot just take moms name off property & add on hubs. Doing this voids the mortgage agreement - which is an enforceable obligation - and the mortgage holder can call in the mortgage in full usually with 30 days to pay off.
I bet you did a quit claim on this, right? A quit claim doesn't mean squat as neither mom nor you own the property to be able do this if there's a mortgage. You are selling something you do not own.
Quit claim deeds can be a hot mess to deal with as there is never ever a guarantee of ownership with a QCD. Only a warranty deed does that and you would need to file the Release of Deed of Trust at the courthouse once the mortgage is paid off to show true ownership with no obligations. QCD - also since no guarantee - can require a quiet title action to be done in order to ever sell the property in the future if the future buyer needs a mortgage (like the mortgage provider won't underwrite as no ownership established) OR if you ever need to use property as collateral (again lender won't underwrite). For more fun in this, quiet title action can take anywhere from 2 to maybe 6 months to do due to legal notices (usually a summons) appearing in newspaper & need exoerienced real estate legal to deal with the process.
QCD do work well when couples are divorcing and 1 gets the house and the other QCD their share, but this is wrapped within the divorce legal so there's a judges signature.
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