Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Banking & Credit Cards

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 06-14-2005, 05:10 PM
Junior Member
 
Join Date: Jun 2005
Posts: 3

property seizures


What is the name of your state? Maryland

My mother has a lot of credit card debts that she already has not paid for several months, probably close to a year. She's been struggling just to maintain her utility bills. She was only able to find a part-time job. She's 60 years old and hadn't worked in over 30 years. Now, she has been diagnosed with cancer and is probably not going to be able to work. She's been in the hospital and is also going to have a lot of medical bills. She has a house that is paid off that is probably worth around $200,000, a 16 year old car, plus all of her personal belongings in the house (furniture, clothes, etc.). If she is sued, what are they going to be able to take? Can they take her house? She's also been thinking about taking out a home equity loan, which I think is a really bad idea in case she can't make the payments on the loan.

Someone suggested she sign the house over to me to keep it from being taken now and also is she doesn't make it through the illness to ensure that the house comes to me instead of going to the creditors.
  #2  
Old 06-14-2005, 10:00 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Yes, they could take her house if she is sued since she has 100% equity in it. Due to her illness, it probably would be a good idea to get her name off the house and deed it over to you while she is still able.

Another option would be what they call a 'reverse mortgage'. I'm not sure of the details on how that works, but I'm sure you could find the info on the 'net.

Given all her credit problems and her health, you should also speak to a lawyer, with her, about a power of attorney so that you can handle her affairs if it comes down to that in the future.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #3  
Old 06-15-2005, 11:41 AM
Junior Member
 
Join Date: Jun 2005
Posts: 3
Thanks. Now if I can just talk her into deeding the house over to me. Do you know what that entails?

I checked out the reverse mortgage. That won't work because you have to be at least 62.
  #4  
Old 06-15-2005, 12:16 PM
Member
 
Join Date: Jun 2005
Posts: 315
If your mother should end up in a Nursing home this action will be considered inappropriate.

Why do you think it appropriate you receive a 200K asset and yet the people she legitimately owes get stiffed? Just curious.
  #5  
Old 06-15-2005, 01:57 PM
Junior Member
 
Join Date: Jun 2005
Posts: 3
#1 - My mother will not end up in a nursing home.

#2 - My main concern is that my sick mother does not end up homeless. How appropriate do YOU think that would be?
  #6  
Old 06-15-2005, 08:41 PM
Member
 
Join Date: Jan 2003
Location: Pennsylvania
Posts: 690
Whilst the *suggestion* to deed the house over is a viable option, I must agree with freespeech. Deeding ones own hard earned equity over to another family member to deter financial problems is risky. I err to the side of caution and recommend consulting with a attorney for options .
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 08:57 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.