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    rene2008's Avatar
    rene2008 Posts: 12, Reputation: 1
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    #1

    Mar 23, 2008, 08:27 PM
    Can mom transfer house to me with liens on home?
    My mom has been in a nursing home for a yr. Need to do something with house. She was on the senior homeowners tax postponement for $11,000. Also has $50,000 lien for new roof etc, from the city that payments are not due until 20 yrs or if she is no longer in the home.
    She is no longer in the home.

    Can she deed the house to me with a lien? Can they forclse the house?
    Thanks
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 23, 2008, 08:38 PM
    She can "sell" you the house if you wish to get a loan and pay off the 11,000 an the 50,000 lien. Once the city finds she is no longer living in house, they payments on the loan is payable, In reality it is set up for it to become due so the house will be sold to pay them.

    You can not transfer the deed of the house without paying off the liens on it.
    Yes if not paid they can foreclose on the home
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #3

    Mar 24, 2008, 05:44 AM
    Quote Originally Posted by Fr_Chuck
    You can not transfer the deed of the house without paying off the liens on it.
    Yes, you can transfer a house without paying off the liens. However the new owner will not be able to sell the house, obtain title insurance or financing until the liens are paid.

    Quote Originally Posted by Fr_Chuck
    Yes if not paid they can foreclose on the home
    I don't see how they can foreclose on the home unless the home was given as security for the lien. The lien merely clouds the title.
    rene2008's Avatar
    rene2008 Posts: 12, Reputation: 1
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    #4

    Mar 24, 2008, 10:49 AM
    Thank you for all of your help. My mom is on medi cal and Can't have money so I want to get the house in my name and sell it and then pay off lien.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Mar 24, 2008, 11:03 AM
    You need to be careful here, because, if your mom is getting public assistance, then she may not be able to transfer her assets to you. Any proceeds from the sale of those assets may be required to be used to reimburse the state.
    rene2008's Avatar
    rene2008 Posts: 12, Reputation: 1
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    #6

    Mar 25, 2008, 08:57 PM
    Hi thanks Scott after you have been on medi -cal if you own a home you are allowed to transfer the home to anyone you want while your alive. I have called them myself. If the medi cal person dies then medi-cal will do a reaestate recovery on the home if the home is still in there name.
    Since I'm disabled per Socail security medi cal doesn't do recovery if a child of any age is on ON SOCIAL security due to illness.

    You aren't allowed to tranfer a house or funds to get medi cal and they do a free look back of 36 mo but once you have it you can do anything you want with the house prior to death then real estate recovery comes in.

    Just wonder where in the transfer process it wouldn't work due to lien
    ThaNKS!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Mar 26, 2008, 05:29 AM
    Looks like you've done your homework. Good for you!
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