Check out some similar questions!

jackinstuff69 · Jun 16, 2011, 11:38 AM

Greetings.my father and his fiancé lived together in a house from 1996 to 2009.the house was paid off in 2008.they rented 2 apartments out and lived in the main floor.she was run over while walking out of a store a left for dead is paralyzed from the neck down I am her poa but not able to bring her home to take care of her no money and she requires way too much care. She resides in a nursing home.my father placed a lien on the home since he had the title put in her name do to there age differences he was sickly and 15 years older than her.well he passed away leaving everything to me last year I was also his poa.can I force the sale of the house.its a money pit.the 2 tenants that resided in these apartments refuse to pay there rents one was given a 3 days notice and left willingly after some time the other is moving everyone in from her extended family raising my water bill and forcing me to file to get rid of her.the house requires too much financial work and I cannot take care of this house.the area is bad with a lot of crime and tenants keep moving in and not paying there rent.money is coming out of my pocket left and right for a house I do not own but am poa for both individuals who owned and shared this house

JudyKayTee · Jun 16, 2011, 11:43 AM

The POA "died" with your father. It no longer exists where he is concerned. Are you the executor of your father's Will?

If so, your father had a lien on the home; you now represent the estate; file papers releasing the lien (whether it's paid or not). Sell the house.

Or does "she" have money to PAY the lien?

Am I missing something?

jackinstuff69 · Jun 16, 2011, 11:54 AM

I am executor of his will she does not have the money to pay me.. all her money from her social security goes towards her nursing home bill except $40.I have made an appoitment with the lawyer who filed the lien on the home.the house is paid off .he wanted me to have the money to move somewhere else safer.she understands she will never come home.was not sure Ohio has so many strange laws.she has a lawsuit but does not look like her accident will get mucg money and I thing medicaide will take a big portion of money if she wins anything for her accident.im just worried about the house .I need to sell

jackinstuff69 · Jun 16, 2011, 11:56 AM

Bad grammar my bad

JudyKayTee · Jun 16, 2011, 12:13 PM

No problem. It sounds like you aren't going to get your money. I'd ask the Attorney handling her lawsuit.

Then - if you aren't going to get the money - I'd file a Satisfaction of Lien which removes the lien and sell the house.

Sounds like your father prepared for his death but the unexpected happens.

ScottGem · Jun 16, 2011, 02:51 PM

I don't understand the lien. A lien is an encumbrance on an asset to protect a debt. It says the property can't be sold until the lien is satisfied.

So what debt is the lien protecting? Did your father sue his fiancé over something? If the property is in her name and you have a POA, then you can sell it. You may have to satisfy the lien out of the proceeds though.

jackinstuff69 · Jun 16, 2011, 03:21 PM

the house is paid offf she (my dads fiance)was sent to a nursing home due to a hit and run accident.the title is in her name yet he invested said amount of money over the years in mortgage payments and up keep and repairs more than half the amount of the homes value .when she was sent to the nursing home he had a lien placed against the home as medicaide usually forces people to sell there homes when then in nursing homes long term.so he did not lose how much money he paid into this house over the 13 years they had it.i am executor of his estate here in ohio.and power of attorney for all of his fiance's business.i just wanted to know if i can force the sale of this money pit house

ScottGem · Jun 16, 2011, 04:10 PM

First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments. Second, no need to shout at us.

I'm not so sure of the legality of that lien. Also, Medicare may lay a prior claim on any proceeds of the sale. But there is no issue of "forcing" a sale. You have POA from the owner, you can sell the property assuming the POA doesn't have any restrictions.

AK lawyer · Jun 16, 2011, 05:26 PM

Originally Posted by JudyKayTee

...
Then - if you aren't going to get the money - I'd file a Satisfaction of Lien which removes the lien and sell the house.
...

Do that and you might just be, in effect, making a gift to the Social Security Administration. It appears that the lien was to protect his interest in the property from Medicaide/ Social Security.

JudyKayTee · Jun 16, 2011, 05:28 PM

I see two choices - get the money from her to pay the lien (sounds like it's impossible) or gift the SS Administration. I think it works out the same both ways.

In the meantime OP is stuck with the house.

That's why I suggested that he ask the negligence/pi attorney just what is going on.

AK lawyer · Jun 16, 2011, 05:34 PM

Originally Posted by JudyKayTee

I see two choices - get the money from her to pay the lien (sounds like it's impossible) or gift the SS Administration. I think it works out the same both ways. ...

Assuming OB can sell the house, the lien and the balance (to Soc. Sec. evidently) can both be paid from escrow. Payment of the lien before a sale is not necessary.