[differentoctave]

Can they touch my mother's social security if there is a lien put on her home? She was recently forced to take a buyout at work and can no longer work. She got 20000 and paid off some bills but her social security doesn't cover all that remain.
She has a mortgage and a loan from the mortgage co. She asked if she could just pay the interest on the 25000 loan for a year and they told her the loan was amertized and no she could not.
She would like to just default on the loan and continue paying the mortgage and the rest of her bills. She is 82 and her health is failing. Could they go after her social security or will they just ruin her credit and put a lien ion the house?
Thanks to all!

BTW she lives inPA

[ScottGem]

SS payments are generally exempt from garnishment for non government debt.

Was the loan secured by the home? If so, they could force a foreclosure.

[differentoctave]

Thank you Scott, yes, this was helpful.

[differentoctave]

I and my minor children have lived with my Mom for the last three and a half years. My Mom died in November. It was a shock- no one thought she was even sick! At any rate, she died with no will, no spouse and some debt. Her house is over-mortgaged. I have 5 siblings. No one has been named executor of estate, or even next of kin. I contacted a lawyer to see if the mortgage company would let me assume the debt and continue living here. He said we could do 1 of three things; continue to pay the mortgage and live in uncertainty, go to court and be named executor ( He said it would cost 1000 dollars) or do nothing and he would contact them on my behalf (he said if I called them, I'd get customer service- if HE called- he'd get the legal dept.) and see if we could reach an agreement. If they would "play ball" THEN I would go through the legal system to be named heir. My issue was if I went through the expense and trouble of being named executor, the mortgage company could STILL come back and say I'm not qualified (my credit is TERRIBLE). The lawyer had no luck getting in contact with them, the 500 I paid him went towards the hour he "worked" on my case. Well, I waited and now we are getting close to foreclosure. The mortgage co. recently sent a fed ex with an offer to save the house - in my Mom's name. I called them and they said they couldn't even talk to me about it cause my name is not on the loan. They told me to get power of attorney for my Mom and call back. I looked into it and you can't get power of attorney for a deceased person. Does it really cost money to be next of kin? I live in PA. My mom always figured they could take the house when she died and she figured the rest of her debt would "die" with her. Any advice would be welcomed. I really have no where else to go and I figured this is my one shot at home ownership. The house is in poor condition and 20900 is owed. Should I walk or fight for it? Many questions, I know - bless you for just reading!
Thanks to all who respond!

I am living in my Mom's house-three and a half years now. She died in November. Does it cost money to be named next of kin? I live in PA.
The mortgage company told me to get power of attorney but you can't for a dead person!!
If I stay and re-do the papers in her name (which co-incidentally is my name too) does it constitute fraud? I also wrote the previous question - "power of attorney for deceased parent" if you'd like more background. The house will soon be foreclosed and I and my minor children will be out of a home. Thanks again to all you experts - this site is a blessing.

[JudyKayTee]

I have no idea what the bank is talking about - you are right. A Power of Attorney dies with a person; a deceased person cannot sign a Power of Attorney.

Maybe they are talking about naming you Executor.

You might be fortunate that the economy is so bad - hopefully the bank doesn't want any more houses and will allow you to live there, continue to pay in her name. I know that can cause all kinds of legal problems but a friend of mine is actually doing that - the mortgage is in her late husband's name alone and she is making the payments and keeping her mouth shut. At some point they'll find out but she's hoping by then she'll be okay.

I find the $500 to be outrageously expensive. Find a less expensive Attorney and pursue it.

That's my vote!

Good luck.

[Fr_Chuck]

First everyone is a next of kin to someone. That happens when you are born.

** addressing one of the several threads I merged.

Stop starting new threads to add more info to a post, it is very confusing and you will find experts will not help you if you do this.

The house and all of your moms property has to be divided by the will and / or go though probate

[differentoctave]

Thanks and sorry about the different posts. Not very computer savvy.