What to do?

[DeeBM6]

What is the name of your state (only U.S. law)? California
Okay, a friend of mine has been caring for her husbands grandmother for several years. About 4 years ago, the grandmother needed 24 hour care, and grandmothers son, okay my friend and her 3 children to move in and they would pay her for taking care of grandmother. Which they did (about 1 year) until grandmas account decreased but still owing for prior years. Only the last year, my friend was now getting paid by the State (In Home Support Services). Anyhow, Grandma recently passed 2012 and friend and her family received an 60 day eviction notice. However, come to find out grandmas house is a "reverse mortgage"? Basically, a foreclosure, right? Heres the questions:
1 - Are they required to leave even if served a 60 day notice? and..
2 - She wants backpay....can she file a property "lien" or does she have to file "small claims"? Or both??

Really need advice please... Thank you

 

[sandyclaus]

What is the name of your state (only U.S. law)? California
Okay, a friend of mine has been caring for her husbands grandmother for several years. About 4 years ago, the grandmother needed 24 hour care, and grandmothers son, okay my friend and her 3 children to move in and they would pay her for taking care of grandmother. Which they did (about 1 year) until grandmas account decreased but still owing for prior years. Only the last year, my friend was now getting paid by the State (In Home Support Services). Anyhow, Grandma recently passed 2012 and friend and her family received an 60 day eviction notice. However, come to find out grandmas house is a "reverse mortgage"? Basically, a foreclosure, right? Heres the questions:
1 - Are they required to leave even if served a 60 day notice? and..
2 - She wants backpay....can she file a property "lien" or does she have to file "small claims"? Or both??

Really need advice please... Thank you

As I see it, they were offered housing as long as they were taking care of Grandma, and the friend was also earning money from IHSS for the services she provided. Basically, your friend was receiving housing and getting supplemental pay from IHSS that combined to cover the cost of her providing those services.

Now that Grandma has passed, there is no longer a need for them to stay there, so the housing issue seems right. A 60-day notice is appropriate, since she and the family have lived in the home for over a year.

I don't understand how your friend feels she is entitled to back pay of any sort. She got housing while she worked as part of the deal, and she received pay from IHSS. Unless she can prove that there was some additional compensation that was agreed upon for her services, she can ask for whatever she wants - but she isn't getting anything else.

I think your friend needs to come here and post her own thread so that we can get the REST of the story that you aren't being told.

 

[nextwife]

THe reverse mortgage agreement PREDATED your friend's agreement, and is a prior lien. The house reverts to the reverse mtg lender. NO subsequent agreement will affect the reverse mortgage companies standing or what they are owed.

 

[latigo]

THe reverse mortgage agreement PREDATED your friend's agreement, and is a prior lien. . . .

I was with you up to the point where you mention lien priorities.

Kindly explain how the OP’s “friend” could obtain a lien hold interest in grandmother’s home for such services by virtue of an agreement made with her son.

Or even an agreement for such services made with grandmother, assuming she were competent.

Thank you

 

[justalayman]

1 - Are they required to leave even if served a 60 day notice? and..

I do not believe any notice is required since the housing was part of the compensation for services provided. Job over, time to move.

2 - She wants backpay....can she file a property "lien" or does she have to file "small claims"? Or both??

what backpay? Since it appears the son hired her, she needs to seek payment from the son. Even if she sues him and wins, there is no right to file a lien against the house.