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Getting a Lien removed?

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Tink11464

Member
What is the name of your state (only U.S. law)? PA Thank you in advance for any help offered. My husband purchased a home roughly 20 or so years ago when he vbrought his mother (then rest of family) to Pennsylvania from Jamaica. At the time he then put her name on the house along with his, so she could have "her" home. She brought with her - her 2nd husband as well. My husband has paid the mortgage, taxes and most bills on home since then.

Father-in-law went into nursing home 3+ years ago, they told us they were going to have him enrolled in Medicaid (he did have medicare). My mother-in-law received notice last January that a lien was put on the home in her name and father-in-laws name (he is not on deed or mortgage), in the amount of $160,000. (FYI - on a GREAT day the home is worth maybe $50k). Even though the home is also in my husband's name,we never received notice. When I spoke to the attorney he said the nursing home was never able to get medicaid for father-in-law because his green card was lost.

The attorney said the lien could come off if we paid the $160,000+ or when my mother-in-law passes. Sadly we have been very busy the past 8 months tending to my mother-in-law who was then battling stage 4B uterine cancer and passed on December 21, 2011.

Sorry for the long explanation - my question is - is it true that we can get the lien removed by her passing? Would I just take the death certificate to the courthouse? We would like to just sell the house - it's in a bad area (gone downhill since date of purchase), my husband has been paying on this home for far to many years and now there is no one in it. He is not looking to make money from the sale (as he wouldn't where it's located), would gladly give to nursing home, we just don't want it to go against his credit in a foreclosure sort of situation. Thank you again
 


Mass_Shyster

Senior Member
  • The attorney said the lien could come off if we paid the $160,000+ or when my mother-in-law passes.
  • is it true that we can get the lien removed by her passing?
It's entirely possible that you can get the lien removed when she passes. Since an attorney has reviewed the situation and determined that the lien can be removed, I am in no position to contradict that.

My guess is that mother and son hold the deed as joint tenants with rights of survivorship. If that is true, mom's interest in the property dies with her, and son becomes the sole owner.

I don't recommend a do-it-yourself transaction to remove mom from the deed. You want to make sure it's done right. Use a lawyer.
 

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