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loulou8 · Apr 15, 2008, 08:31 AM

My mother is being served papers on a $13,000 credit card debt from 5 years ago ( I don't know when the last payment was made on the account) She is permently disabled and now lives in a nursing home, and has absolutely NO money... the only thing that she has is our house that my grandfather built fifty years ago, which I have lived in for years now. What can they really do if she is in a nursing home with no money and will never have an income again?

JudyKayTee · Apr 15, 2008, 12:47 PM

Originally Posted by loulou8

My mother is being served papers on a $13,000 credit card debt from 5 years ago ( I don't know when the last payment was made on the account) She is permently disabled and now lives in a nursing home, and has absolutly NO money....the only thing that she has is our house that my grandfather built fifty years ago, which I have lived in for years now. What can they really do if she is in a nursing home with no money and will never have an income again?

If it is a legal debt, within the Statute of Limitations, they can file a lien against the real estate.

It's not just a question of income. A creditor with a Judgment can also move against assets.

loulou8 · Apr 15, 2008, 02:04 PM

Originally Posted by JudyKayTee

If it is a legal debt, within the Statute of Limitations, they can file a lien against the real estate.

It's not just a question of income. A creditor with a Judgment can also move against assets.

What does "move against assets mean"? She has no assets except the house. What happens if they do file a lien against against the real estate?

Fr_Chuck · Apr 15, 2008, 02:46 PM

At the time of her death, the estate will have to pay the lien on the house off. So if you want to keep the house, you will have to pay the lien off to keep it, if not the hosue would be sold to pay the lien.

Now remember the lien will get bigger and bigger, lawyers fees to go to court, interest, late fees and more.
If this was me, and I was to be the heir to get the house at her death, I would make arrangements to pay it off for her. No legal obligation to do it,

Now if you are not the heir to the house, then the heir should look into it.

loulou8 · Apr 16, 2008, 06:33 AM

[QUOTE=Fr_Chuck]At the time of her death, the estate will have to pay the lien on the house off. So if you want to keep the house, you will have to pay the lien off to keep it, if not the hosue would be sold to pay the lien.

How will I know if there has been a lien placed on the property? She is not able to go to court and probably will not totally understand the whole thing anyway. What about a quitclaim deed?

JudyKayTee · Apr 16, 2008, 06:38 AM

[QUOTE=loulou8]

Originally Posted by Fr_Chuck

At the time of her death, the estate will have to pay the lien on the house off. so if you want to keep the house, you will have to pay the lien off to keep it, if not the hosue would be sold to pay the lien.

How will I know if there has been a lien placed on the property? She is not able to go to court and probably will not totally understand the whole thing anyway. What about a quitclaim deed?

You can't argue that she wouldn't understand a Court proceeding and then enter into a quitclaim with her. She's either competent or she's not.

Do you even know if the debt is within the Statute of Limitations and valid?

loulou8 · Apr 16, 2008, 06:44 AM

[QUOTE=JudyKayTee]

Originally Posted by loulou8

Do you even know if the debt is within the Statute of Limitations and valid?

I have no idea the last activity on the account (and she wouldn't either) I know that it has been years, I just don't know how many. I am not sure what credit card this is, as it has been purchased by a third party. How do I find out the last payment and who the original creditor was?