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vjlflorida · Jul 1, 2014, 11:22 AM

Sample or form to follow in preparing your objection to guardianship

Read more : How to Contest a Petition for Guardianship | eHow
Sample or form to follow in preparing your objection to guardianship

Read more : How to Contest a Petition for Guardianship | eHow

Have lived with and taken care of Mom for over 5 yrs. She had a stroke in March 2014, I sent her to my sister in Michigan to recover, sister there has manage to have her declared incapacitated, moved all her SS check, mail, etc to Michigan, within her being there less than two, and has conceived Mom to surrender her house in Fl that has a revere mortgage on it. I have no place to go due to financial issues. Was wondering if I have any rights to the house? My sister and I are fighting to have this overturned,

AK lawyer · Jul 1, 2014, 11:31 AM

... [someone] conceived (sic] Mom to surrender her house in Fl that has a revere mortgage on it. I have no place to go due to financial issues. Was wondering if I have any rights to the house? ...

If it is a reverse mortgage, generally the mortgagor (your mother in this case) would have retained what is in effect a life estate in the property, in exchange for cash. And, until they do foreclose, your mother (or perhaps you as her representative), probably has the right to possess the property.

"When the loan comes due
The loan comes due when the borrower dies, sells the house, or moves out of the house for more than 12 consecutive months.^] The loan may also be declared due and payable if the borrower fails to pay property taxes or fails to maintain hazard insurance on the property. Once the mortgage comes due, the borrower or heirs of the estate have an option to refinance the home and keep it, sell the home and cash out any remaining equity, or turn the home over to the lender. If the property is turned over to the lender, the borrower or the heirs have no more claim to the property or equity in the property....." https://en.wikipedia.org/wiki/Revers...#United_States

Read the documents pertaining to the reverse mortgage, but I general (according to the above), your mother would have to move out of the house for more than 12 months. If she was moved to Michigan in March, you do have some time to get this worked out.

But the problem is, as you say, she "surrendered" the home. Did she give a deed-in-lieu of foreclosure, or some such instrument? If so, the lender may already have possession. Your mother would then need to sue to set the transaction set aside. As Smoothy suggests in the next post, such a lawsuit may be impractical.

smoothy · Jul 1, 2014, 11:33 AM

There are no such thing as squatters rights... plain and simple.

If you have no money to find your own place... how are you going to afford the legal fees to fight something you are unlikely to win.

ScottGem · Jul 1, 2014, 01:07 PM

As noted, as soon as the reverse mortgage was obtained on the house, you lost any right to unless you purchase the house when the mortgage is called. If sis was able to get mom declared incapacitated, then she probably has guardianship and POA. Mom would have to go to court to prove she is competent to over turn that.

I don't know what you are fighting your sister on. But I don't think you have any standing to overturn the incapacitated ruling.

vjlflorida · Jul 1, 2014, 02:39 PM

She did do Deed in lieu I found out last night, even thou two weeks ago she sent paperwork back into the mortgage saying she changed her mind and wanted to keep the house, Mom assumed once she did that she could keep the house, but I guess at this point its too late. Why my sister is even doing what is, none of us have any idea, Mom has no money except for SS. Mom is not incapacitated, according to her Dr. here, but my sister managed to get a Dr. in Michigan to say she is. She has nothing t gain, but being mean and cruel. SO once the mortgage company takes it over how long do we have to move out of the house, we are paying the bills on?

ScottGem · Jul 1, 2014, 05:36 PM

Depends on the mortgage company, I doubt if they will give you much time though.

Why don't you try contacting an elder rights support group in MI. Maybe they can help Mom fight your sister. Again, I think mom has to do this. But they may provide her with an attorney to do so. If she can prove competence and rescind the incapacitation order, you may be able to forestall the mortgage lender taking the house. Mom would have to move back in (before the 12 months is up). But you need to get an attorney involved.

vjlflorida · Jul 1, 2014, 06:28 PM

Thank you for the advise, but she is under the control of my sister, if we call up there my sister listens and tells her what to say. I spent 2 1/2 hours this morning calling everyone I could find to help or ask for advise, no one could help. I actual got more help in Fl. By calling our local courthouse. If I had the money I would be attending the hearing to fight for her, but I don't. To my older sister this is a game to see how miserable she can make the family in Fl. It is very sad what she is doing. Once this is over I nor my sister in Fl, and our family will never speak to her again. There was no reason for her to do what she has done, it is unforgivable.I wish I could afford an attorney but we cant. Thank you again for the help. I truly appreciate it.

AK lawyer · Jul 1, 2014, 06:48 PM

Are you saying a Michigan doctor declared her mentally incompetent and the Michigan court so ruled? Was this before or after she executed the deed-in-lieu. If before, you might want to notify the reverse mortgage lender, because the deed would be invalid.

Fr_Chuck · Jul 1, 2014, 07:18 PM

As noted, first there is no such thing as squatters right, and second, you are not a squatter, you are a tenant,

So unless you have a written lease or agreement, you will have to move.

vjlflorida · Jul 1, 2014, 07:26 PM

My sister filed for a emergence hearing the day she filed the paperwork when the courthouse told her I had called and said I would come and get her and bring her back home as she was not incompetent.

I believe the Judges Secretary called her and told her what I said. And she was all of a sudden the same day granted the emergency hearing giving my sister temporary guardian of incapacitated individual on June 2,2014, The paperwork from the court says a showing has been made that the individual is incapacitated.

The permanent hearing is July 28, 2014

I was told last night that Mom has already in fact signed the deed-in-lieu, I just don't know when she did it? My sister also has had a new POA written and I told her it is not valid if was written after the Temp. court hearing, again because of her being incompetent. And my sister also said last night that the Dr. in Michigan ruled her incompetent, but her Dr. in Fl. DID NOT. When he saw her the week before she went to Michigan.
My sister in 27 years has NEVER helped my parents I always have, for the last 5 1/2 yrs. I have paid for 99% of the food for the house, all the supplies in the house, the monthly newspaper, and taking my Mom out to dinner when I could. And now this is happening to me. I came home 4 weeks ago to have no water, for no reason. It is a huge mess for no reason except for my sister to torture me.

ScottGem · Jul 2, 2014, 04:42 AM

I don't know what you tried, but if you are not experienced in these things, you may have been going to the wrong places. Its not uncommon for people to get a run-around if they don't know what they are doing. Have you tried this site:

SOM - Reporting Elder Abuse

If not I would call them (there is a 24/7 hotline # listed at the bottom of the site) as soon as you see this. Make sure you have the info about the hearing and the MI doctor available.

You said that mom went in March to recover from a stroke. So it is possible something happened to affect her competence. So the FL doctor's testimony is not valid. On the other hand it may be enough to get the MI DHS to investigate. There is a hotline # on the site I linked to.

I would still notify the mortgage holder that the deed in lieu may not be valid because there is a pending competency hearing. At best it may buy you some time.

There are ways you can fight this. Good luck and keep us posted.

AK lawyer · Jul 2, 2014, 06:32 AM

Originally Posted by vjlflorida

My sister filed for a emergence hearing the day she filed the paperwork when the courthouse told her I had called and said I would come and get her and bring her back home as she was not incompetent.

I believe the Judges Secretary called her and told her what I said. And she was all of a sudden the same day granted the emergency hearing giving my sister temporary guardian of incapacitated individual on June 2,2014, The paperwork from the court says a showing has been made that the individual is incapacitated.

The permanent hearing is July 28, 2014

I was told last night that Mom has already in fact signed the deed-in-lieu, I just don't know when she did it? My sister also has had a new POA written and I told her it is not valid if was written after the Temp. court hearing, again because of her being incompetent. And my sister also said last night that the Dr. in Michigan ruled her incompetent, but her Dr. in Fl. DID NOT. When he saw her the week before she went to Michigan. ...

I probably don't need to tell you, but you really need an attorney. This is very complicated.

First, I'm not sure that the Michigan court has jurisdiction regarding competency of a Florida resident. Perhaps, but you should ascertain that the Michigan court is aware that your mother just moved up there.

Also, if she was incompetent when she signed the DIL, either before or after the court order, the DIL could be set aside. The mortgagee should be alerted to the issue of competence.

vjlflorida · Jul 2, 2014, 07:23 AM

Thanks Scott, that is one website I did not find, I even called the Michigan Bar, they could not help at all, I did find a different senior website for Northern Fl. Again no help at all, but I'm calling the one you mentioned.

I will call the mortgage company also again today. I wish I could afford a attorney but it just is not possible, I called one in Michigan yesterday just out of the question.

Thanks,

ScottGem · Jul 2, 2014, 07:44 AM

I found that one by searching for MI elder abuse. This is what I meant by not being experienced you may be asking the wrong people. Searching on elder abuse support groups found several links that may be helpful. I agree though that you may need an attorney to fight this successfully. That's where finding a support group is important as they may be able to suggest one who will do pro bono work or work out an affordable payment plan.