So what now?

So if I read cheribob right, if there was a government secured mortgage on the property, the lender can redeem the loan and the gov't could garnishee his wages. FHA does insure loans on mobile homes.

The laws allowing the garnishment and levy of SS benefits:

To enforce child support and alimony obligations under Section 459 of the Social Security Act (42 U.S.C. 659);

For certain civil penalties under the Mandatory Victim Restitution Act (18 U.S.C. 3613);

With a Notice of Levy to collect overdue federal taxes under Section 6334(c) of the Internal Revenue Code;

Through the Federal Payment Levy Program to collect overdue federal taxes by levying up to 15 percent of each monthly payment until the debt is paid under Section 1024 of the Taxpayer Relief Act of 1997 (Public Law 105-34);

To withhold and pay another federal agency for a non-tax debt you owe to that agency according to the Debt Collection Improvement Act of 1996 (Public Law 104-134).

None of these include payments on a prefabricated home.

https://faq.ssa.gov/link/portal/34011/34019/Article/3812/What-are-the-laws-allowing-the-garnishment-and-levy-of-Social-Security-benefits

Were you buying the home from your dad or were you just covering expenses in leiu of rent. Everything is in dad's name so you are free to leave. Apart from keeping a roof over your head there is no reason to stay is Dad competent and if not who has POA? I assume he does not have enough money to pay for NH when needed so medicaid will seize his assets to pay for his care although you may have rights to remain in the home. Consulting a lwyaer is a good first step and essential if you want to retain some kind of ownership. What does dad want done?
good luck

Were you buying the home from your dad or were you just covering expenses in leiu of rent. Everything is in dad's name so you are free to leave. Apart from keeping a roof over your head there is no reason to stay is Dad competent and if not who has POA? I assume he does not have enough money to pay for NH when needed so medicaid will seize his assets to pay for his care although you may have rights to remain in the home. Consulting a lwyaer is a good first step and essential if you want to retain some kind of ownership. What does dad want done?
good luck

What is a "movable home"? A trailor or a motor home? I think Motor home when I hear this. Motor homes can be moved an parked at your new location.. trailors need a trailor park. And selling these two things is very different. It;s hard to move a trailor to a new park (more expensive) while selling a motor home is a bit harder in some parts of the county due to the economy. Check into this, and get something in writing!

Except for student loans.

Social Security income CANNOT be attached or garnished.

Why aren't you all just working it out? If you're all mad at each other, that screws everything up. And if you're not all mad at each other, talk about it. Are we missing something here?

I don't think the home could be transferred to your name without a bill of sale, and there would be a deed or title and transfer taxes. They just can't transfer a loan into your name without credit qualifying you, even if you can prove you made every payment on time from your own funds. As well, sometimes there are gov't restrictions that it can't be sold to a family member for anything less than the property tax value. Depends on the laws in your state/county/city. Also, if it is solely in his name, is he on Medicaid? Will there be a MERP lien placed on it? Even if you have made the payments, there probably isn't that much equity in it…but don't look at your payments as wasted, because you would have had to pay rent or mortgage elsewhere to live during that time anyway.

I wouldn't feel obligated to stay. Renting it out would probably be a lot more hassle than it's worth, particularly since you will not personally benefit via a tax deduction because it's not in your name, and then you're on the hook for repairs/emergencies and that joyful task of trying to collect rent or forcing an eviction if they don't pay.

Given the resale value of mobile homes, unless he bought it used or got a super deal on it, you probably won't recoup much from the sale, if any…and he might end up upside down in the process, requiring you to come up with money to complete the sale. Unless your dad has the assets to cover this, I wouldn't even CONSIDER taking anything out of your own pocket to do so! I would almost never say this, but I think if it were me I'd walk away. If he's never going to buy another home or need credit for anything, and will have a place to live with your uncle, it won't matter what his credit score is anyway. You could be putting your money toward building equity in your own home. And with the way the economy is going, if it's possible for you, the sooner you buy your own house, the better off you'll be both price and interest wise. Note: if he is still of sound mind, I would get some kind of written accounting statement from him verifying that you have paid on time (a written lease would have been optimal!) so that you have proof of your creditworthiness when you apply for a home loan elsewhere.

Ultimately, however, consult an attorney if you have the means, to see if his SS can be garnished or not. You might be able to call a consumer protection agency or community based credit counselor and get that answer for free. Sometimes you can find an attorney who will do the initial consultation for free, but plan on $275-$300/hr. I wish you the very best of luck!

I would think about if starting completely over at this stage of your life makes sense. If you are in your 40's probably feasible. How much of an investment do you now have in the property? Is it worth trying to get something back? What about renting it?

You had an agreement to live in the home in order to care for your father. Since he would be moving I suppose your purpose for living there is no longer the same. Since he does not want to uphold his end of the agreement, I would say you are free to do as you please. What would he have you do? Be on,hold I case he changes his mind?

One major thing. Is he competent to make the decision to move? Also who would inherited the home once he has passed. Never assume it is you and your wife even if you have contributed to the cost of living.

So...if you like the home and it's movable, what about moving it to a better location? Could be a temporary or permanent move. Couldn't the house be transferred to your name if you are making the payments? Would your father agree to this if you agreed to return if necessary?

If everything is in his name, then he is responsible. Unless you have a written contract spelling out your obligations, then move out. When one changes their mind, they might suffer the consequences. What does he want to do with HIS property?

" The intention was that we ( my wife and I ) would pay all the finances to live there and we would take care of him until his death."
This is a common trap.... care of him until his death

Quoting Attorney at law Kevin P. Keane:
"agreements not reduced to writing, are NOT worth the paper they ain't written on."

See an elder affairs attorney and get your act together or be in deep yogurt.

Just leaving seems a bit wrong. Perhaps Dad & Uncle would want to live there. You should at least give Dad some written notice that you intend to leave and the date you will be out. After that, dad can do what he wants.

I'd talk to dad and see what his intentions are. Is he planning on living with your uncle till he dies, or is he gonna move back? When he does die, will the uncle then claim the mobile home for himself, and all the money you and your wife paid to keep it up will be lost? Start asking the right questions to the only person who has the answers...dad.

The obvious thing to do would be to sell it. Is that possible?