[shabby413]

Three years ago, an 83 yo mother went to live with her youngest daughter due to dementia. At that time, the daughter had a POA and Service Agreement drawn up. They lived in a rental apartment until one year ago. The daughter purchased a house for $432K with zero down. The mother's name and signature is on the title and the mortgage. The mother receives approximately $2700/mo from SS and pension. They lived together in the house for one year. In May 07, the daughter married and threw the mother out of the house and put her in a studio apartment. The daughter maintains control of the mother's income and continues to use the surplus to pay the mortgage. The mother now wants the current POA revoked and reassigned to another trusted family member, which they are currently working on. She also wants her name off the title and mortgage since she no longer lives there. When she regains control of her income back, it is assumed the daughter will no longer be able to afford the mortgage payments and will most likely go into foreclosure. The question is: how can the mother protect herself in this situation? Will she be responsible for half of the foreclosure? Can her income be garnished? How can the mother get her name off the deed and mortgage now, before the inevitable happens. The mother also has NO ASSETS WHATSOEVER except for her name being on this piece of real estate and her monthly income.

[ScottGem]

The mother needs to sell the house. Since her name is on the deed, she is at least a part owner. If the daughter refuses to go along with the sale then mom can file a petition for Partition to force the sale.

The only other way mom gets off the deed, is if she can show that she didn't want to to buy the property, but the daughter used the POA against her wishes and that may be hard to do.

If mom can get off the deed and mortgage that way, then she won't have to worry about foreclosure. But if she can sell especially for more than what's owed, she can get at least half the value.

[Emland]

If you can prove that mother had been suffering with dimentia at the time the POA was drawn up, most likely that can be shown as fraud on the daughter's part.

You have to be of sound mind to execute a POA otherwise a court order is needed.

[LisaB4657]

You need to get the mother an attorney who specializes in elder law. Unfortunately this is not uncommon and they are experienced at dealing with this type of thing. :(