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My mother has gone into nursing, on medicaid, i am now resp. for her mtg pmt and dont have the funds.. what are my rights, can i foreclose? i am on the deed, not the mortgage, if she stays in nursing Ii have been told that medicaid will put a lien on the property for 1/2 the value. My propblem is i do not have the money to pay the mortgage now that her income is applied to the nursing care. should i sell or walk away. i am very troubled.

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gcaregiver, depending on when the Deed was transferred to you, if it was within 5 years, then Medicaid could place a lien on the whole house, not half.

By going into foreclosure and having the mortgage removed from your Mom's debt, you may want to check first to see if the balance of the mortgage doesn't become "income" for income tax purposes. I know it sounds odd for that to be "income" because the money isn't in your Mom's pocket. I wouldn't want it to play havoc with your Mom still qualifying for Medicaid. I hope not, but it is an important question to ask.
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Gcaregiver, contact the bank & explain your mom's situation. Perhaps they will allow you to do a "deed in lieu of foreclosure".
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Dear gcaregiver, I'm so sorry, you have so much on your plate to deal with. Its an adjustment moving a parent to a seniors facility. And now the stress of the mortgage. I suggest going to the bank and letting them know your situation and hopefully they can offer some options. Or is there a social worker at the senior facility that could offer some options as well. I know its overwhelming and difficult decision to make, but hopefully you will make the best one for yourself and your mom. Thinking of you.
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G, unless you're named as co-mortgagor, you're not legally responsible for payment on the mortgage. However, it's admirable that you feel you are.

As to foreclosure, only the mortgagee (lender) can foreclose a mortgage. As co-owner, you have no rights at all to foreclose. And who would you foreclose against?

How is the deed titled? You and your mother jointly? Or just you as a single person, or individually?

And FF asks a valid question? When was the Deed dated and recorded, and is it a Quit Claim or Warranty Deed?

I don't know what to suggest for mortgage payments if you can't pay. Are you unemployed? Did you quit your job to care for your mother, and are you planning to find employment now that your mother's in a facility?
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First question, when was your name placed on the Deed?
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