Can they really take my mortgage free home? Even if I'm disabled?

Is the house in your name? If not, I would think a quit claim deed or a bill if sale (for $1) would be sufficient. However, they might claim fraud since it was done recently. The

What is the lien actually for? Are there unpaid bills or taxes? Those issues might need to be resolved before you can have your name added to the deed/title. Your mother has planned for you to keep the house, but you don't assume that ownership until her death. You would have more protection now if you were a legal owner along with your mother.

Sebastian ,
something sounds fishy
what department of the government sent you the letter?
what is the reason for the lien?
what is the amount of the lien ?
What is the value of the property?
They cannot take a home that is worth more than you owe
do you have a title policy?

Arizona is a Homestead state so there are laws that protect your primary residence as well as your only vehicle
https://statelaws.findlaw.com/arizona-law/arizona-homestead-laws.html

are you on Indian Land? Indian Leased Land is different but you gotta be really behind in Land rent before the BIA will start termination

Hi..
Your forgot to say Why there's a line. So I'll tell you my experience.

My husband owned over 100,000 in taxes. State & federal. Didn't have it, plain n simple.

So 3 liens slapped on our beautiful home. No big deal while living in it, know that first off. Ok?
All it means is this:
They want money any way possible. They do a search for property, they found it. Placed liens saying the following;
We' get our money on this!!!
Your sell, we get paid first in line.

That' it....
No one moves, loses home, has to move out, disabled or not!
That is info for USA.
Also: we ended up selling, government got paid, & we got the rest. :)
Oh, also it's your mom's home as well right? Or yours?
Eitherway, pls RELAX you aren't needing to move.
Enjoy the peace of mind & Google it, that's how I got my info in the beginning. No attorney needed.
Cindy

Crippledguy, Buckeye would put you under the Area Agency on Aging, Region One, call them and ask for help. They can explain the lien and direct you to an attorney who can help you.

Is mom on ALTCS? If yes, that is most likely what the lien is about. Have your brother send you a copy of the document and have that in front of you when you call.

Yes and no. They. I thought had stopped that in 2014. If hardship can be shown.,you can fight it.
For anyone else reading this..suggestion..sale the home before getting Medi-Cal benefits.
www.saleyourhome.org
I am a social worker, as well as a Realtor.

If it's owned by your Mom and you are beneficiary - the lien would have to be because of what she owes somewhere. Until she dies you have no claim to the property. (if she has reverse mortgage and has been out of the home over 30 days - the reverse mortagage holder can come after the property - watch out for this stipulation if you are thinking about a reverse mortgage) If she passes - you would inherit but her bills would get paid first and you would get the rest. That being said - call Area on Aging and find out how to file a hardship case. Adult Protective Services in CA would say you are not able to live on your own - but might assist in alternate living arrangements - check with your local Area on Aging first.

I agree with the majority of the respondents that a lien is something to he taken seriously. And on a separate note, I am concerned about you and your ability to care for yourself in the long term as well. Perhaps you can start putting together a contingency plan if you were to become unable to live alone in the future.

I hope not because I’m in the same place you are. If it’s in the will they cannot go against a legal and binding document.
a will is solid unless someone changes or put an addendum to it.

Here’s my opinion,
The State and federal government has too much to say when someone has a disability.
Im so caught in the middle of legal debate on what makes me disabled.
if I want to move or need to go to a nursing home they use my money first and then put me on Medicaid and I’m not a fan of that.
aA person has the right to stay in their own house unless there is a reason for a lien such as taxes not paid.
can you seek legal assistance? And maybe you could put the money towards assisted living

Like it or not, you need an atty that understands the laws in your state. Look to see if you have some kind of legal aid in your area - services are free or based on income.

Are the putting the lien against house for the care she has been receiving or for some other obligation?

Go to DHHS website by putting in keywords in Google. From what I read, if you have lived with and cared for your mother for 2 years prior to her being admitted to the facility, they won’t take the home. Some Medicaid rules vary from state to state. Be sure to put your state in your search online. Also, go see an elder law attorney who specializes in Medicaid. It is worth the $250.00 or $300.00 for an hour of questions and answers. I know because that is what I did.

I would say in my opinion, is your mother able fully to understand? Then I would have her put you as the owner right now. It is yours before they can do anything, it's simple paperwork. Btw you need to get another poa/caregiver etc. for yourself also asap. Do you have any friends or family that you trust to do that? Jmo
Good luck.

When your mother passes the lien has to be paid. usually have to transfer assets 3 to five years prior to her going into assisted living. Perhaps the state of Arizona can do something for you because you are disabled and I would contact social services and to Google the state of Arizona’s Medicaid program when your mother passes perhaps the state of Arizona can do something for you because you are disabled and I would contact social services and to Google the state of Arizona‘s Medicaid program. Probably should have put you on the house many years ago

Liens are claims of debt owed against the property. It really only becomes relevant when it comes time to sell the property. However, if left unchecked - the lien amount may increase over time. Banks, or Lenders are also Lienholders. They are the ones that can 'foreclose' on the property.

Liens are staking a claim to debt owed - more often when the owner of the property wants to sell , that is when the lien is actually is discovered and paid. To sell a property, it must have clear title before transfer.

SO, when it comes time, whether DEATH/PROBATE, or the sale of the property - A preliminary title report is ordered , and that's where the lien will show up. All liens must be paid before BEFORE THE SALE is complete so BUYER has CLEAR title.

Make sure the taxes are paid!

We had a lien on a property for years . .several in fact. Didn't know anything about them until title search came up. We had to pay off the liens before completing the sale of the property. The Liens were for UNPAID Weed Abatement bills that mom didn't pay for some reason back in the 70's. Luckily those liens didn't amount to much (in relation to the value of the property) - under $2000.

Now , What is the lien for? You said its from the government? What government?
Get all the details and then start the fight if you need to. Lots of other great advice from others here to pull it all together.

I believe if Medicaid is paying for your mothers assisted living, than they can sell the house after you pass for repayment. If you have paperwork saying you are the sole beneficiary, that is.
If it is not in writing that you are the sole beneficiary, I would get that ASAP. You may not need an attorney. Sites like Legal Zoom have some paperwork but I would definitely try to find an attorney that donates time who is an elder law atty. The Bar Association in the area you live in can help find an attorney in Elder Law that does volunteer work. Also, a University that has a law school might be able to assist.

The first thing I would do is find the number of the office of the Govt. that contacted you. Don't just call the number in the letter bc it could be a scam. Look up that number online or in phone book and call and find out why they put a lein on her house. Some cities have tax relief programs for those below a certain income level.
Than try to find an atty that volunteers or works on a sliding scale to secure the home for you. Whether that be a will, or a trust. Each state is different.
Don't get too worried. This is a good reason for you to make sure everything is going to work out the way your mother wanted it.
I hope that helps somewhat.

Sebastian,

If you're still here, could you please provide the clarifications asked, specifically by BarbBrooklyn and others, as to exactly:

1.    Who is the lien directed to, i.e., you or your mother (a/k/a lienee?   And, what if any action is specified to be taken by the  lienee?

2.    Is the lienor (entity filing the lien) Medicaid?  Or some other entity?

3.    What, if any, action is advised to be done by your mother or you?   And are there any deadlines specified?

If you've decided on another course of action than relying on advice here, by all means follow the suggestions given to get pro bono legal help so you can develop a plan of action, if needed. 

It's not my intent to criticize anyone for attempting to provide information, but it's clear that some in their desire to be helpful are providing erroneous information, such as ignoring the lien.   That's a potential financial disaster.

As I've emphasized, liens CAN be subject to interest which may accrue until sale.  Depending on the size of the lien and the current money rate, they could actually double over time.     This obviously DECREASES the equity available at the time of sale.

Was your Dad or you a Veteran ? If so, please contact http://www.tunnel2towers.org
they pay off mortgages for disabled vets

It sounds like you may have a tax lien on your home? If you can pay the tax, you can keep the house. Also, if your mom still owns the house and you are the beneficiary, that means it is your house when your mom passes. So she is responsible for the taxes on the house. I think you can still get disability because you are not the owner of the house. And you paid into disability when you worked, supposing you did work in the past. So you can ask a lawyer. He/She may answer your questions for free.

Worriedincali......There is nothing WRONG with my post. She can sell it anytime she wants. We don't have enough info, but it's NOT WRONG!!!
Sounds like they have a very close relationship. There also is something called a "CAREGIVER TRUST". he doesnt need to flip out, just get to legal aide. Geez. Come on. Were supposed to be helpful not negative.

While my understanding of how this works means you need not worry about being thrown out, it should not be ignored. More than likely the lien was "automagically" processed by the state or some government agency following your mother's acceptance into Medicaid.

Typically if someone owns property, Medicaid will place a lien on that property to recoup the funds expended for the person's care - this is usually done at the time of sale after the principal passes away. In your case, being disabled, they won't be able to toss you out (there are rules for others who reside there but are not disabled.) What they do after you move out or are gone, I have no idea. There is a statement within the document pointed to below that goes over Nevada law. When you open this link, search for the section quoted (there is a LOT of info, but this is the section that most applies to you.)

Certainly you don't want to ignore the lien, but there should be a way to let them know that you are living there, are intended to inherit it AND are disabled. Whoever it is that handles the filing of the liens more than likely has no idea you live there or that you are disabled. If at all possible, see if you can find pro bono legal advice, or at least an attorney that can give you a break.

From:
 https://aspe.hhs.gov/basic-report/medicaid-liens

under:
"LIENS AND RECOVERIES ON HOMES CONVEYED TO SURVIVORS OF DECEASED MEDICAID RECIPIENTS"

States are prohibited from making estate recoveries:

During the lifetime of the surviving spouse (no matter where he or she lives).
From a surviving child who is under age 21, or is blind or disabled (according to the SSI/Medicaid definition of “disability”), no matter where he or she lives. (Recovery may take place when the child no longer meets these criteria.)
When a sibling, with an equity interest in the home, lived in the home for at least 1 year immediately before the deceased Medicaid recipient was institutionalized and has lawfully resided in the home continuously since the date of the recipient's admission.
When an adult child lived in the home for at least 2 years immediately before the deceased Medicaid recipient was institutionalized, has lived there continuously since that time, and can establish to the satisfaction of the State that he or she provided care that may have delayed the recipient’s admission to the nursing home or other medical institution.

In these instances, the designated survivor(s) can inherit the home and other assets to use as they wish. Some states waive recovery altogether, while others reserve the right to recover at a later time -- e.g., when a child attains age 21 or when the sibling or adult child moves out of the home.

@Igloo Can someone confirm that Igloo is a Medicaid specialist? I think that that person, Igloo is and maybe Igloo has some insight for Sebastian. Thank you in advance, Igloo, if you see this or perhaps I've missed that you posted? Sebastian, yes, please get PRO BONO legal aid!

From another section of the link I posted (FEDERAL law is your protector in this instance - States are the ones who manage the Medicaid $s and are most likely the ones placing the lien):

Federal law requires all states to incorporate the following protections for Medicaid recipients into the design of their estate recovery program:

Recipient protections in Medicaid estate recovery

The State should notify Medicaid recipients about the estate recovery program during their initial application for Medicaid eligibility and annual re-determination process.

The State must notify affected survivors about the initiation of estate recovery and give them an opportunity to claim an exemption based on hardship.

The State must establish procedures and criteria to waive recovery if it would cause undue hardship.

Key words to note in the second "State" paragraph: give them an opportunity to claim an exemption based on hardship.

You should MORE than qualify for an exemption. If denied, I would find an attorney who would fight for you and charge THEM! Any judge who sees a triple amputee who is also blind in one eye will likely SLAP them silly!

Hey Sebastian,
I also love in Az. Please see if your county council on aging. Tell them about your circumstances. I understand your in Rural AZ. That can be a big obstacle- I hope you can get this resolved.

Call your congressmen and senators. Advice from a lawyer. Fight for your right to live where you desire. A house and automobile they can't count as fair game. Make some noise. Keep 7s posted we are in yoyr corner.

Not sure if this is a tax lien or Medicare/Medicaid debt...???

Since your mother is still alive, the house is not yours, it is hers and if she is in need of care and has no money to pay for her care, they will come after her home because that is her only asset.  You should be worried. 

If she had put the house in your name five years ago or at the very least added your name to the title, you would stand a better chance of keeping the house... 

I read the post previous posts and there may be some hardship exemptions...bottom line is you need help navigating all of this.  Call upon every disabled organization you can to help!

Have you tried Legal Aid? They offer a sliding scale fee based on income.

I noticed the original poster, Crippledguy, hasn't been back to answer any of our questions. He wrote his question on August 23rd.

Hey "Worried in Cali" - it is not "crippledguy's" home, it is his mothers house and he just happens to be living there.  His mother, the home owner, is in a facility and has debt and they want to take the home to cover the debt.  He needs to worry and he needs some assistance to see if there is some disability exemption to their situation.

And yes, there are still questions about what debt his mother actually has....back taxes, Medicare/Medicaid???  No one knows and crippledguy hasn't clarified.