Medicaid put a lien on my mother’s home, because she needed to be put in a nursing home for care. I am her POA rep, what will happen if I can’t sell her home by the due date and for the exuberant price that they want in the state of Oklahoma?
Due date? I'm not familiar with OK Medicaid law, but most states place a lien that must be satisfied after the person has died or when the home is sold. Is this really a Medicaid lien or did the nursing home itself put a lien on the home as agreed to in some admittance contract?
I’m with TNtechie, for the states I’ve dealt with on LTC Medicaid, their home - if it’s their homestead - is considered an exempt asset for their lifetime. Then upon death becomes an asset of their Estate which can have a lien or a claim placed on it. Just which is done and how Medicaids Estate Recovery program gets done is very much interdependent on your states laws for probate & property as well as states administrative code for Medicaid regulations. Like for example TX administrative code allows for normal required costs (like property taxes, property insurance) paid by family on the vacant property to be an exclusion to the Medicaid tally.
What exactly is the situation on the property? Is there an actual lien for a set $ amount filed (attached) onto the PPIN of property at the courthouse? And if so, who placed the lien? Placing legal onto property isn’t vague, it’s got to be something definitive and legal, like a judgement, or tax lien, or claim by one holding the property as securitization (like what Mortgage co do).
Could it be in some sort of time based waiver cause it’s above the allowed property value for Medicaid? On another forum there was a posting from a son whose parents owned a 600k home so technically above the maximum property value of 550k for his states Medicaid program for a homestead to be exempt asset. There was a period of time that it was to be sold and they were Medicaid Pending during it. But house needed to be sold within that time frame.
What’s going on in selling it? How far off from tax assessor value are offers coming in at? Or is it a bigger issue that assessor value is way way WAY off from its actual realty based value? If it’s this, to me there’s 3 things that must be done: 1. You hire an independent residential inspector to do a report of the property. They must be registered with the state of OK and report will have a seal on it. 2. Hire independent residential appraiser to do a report on the property. They get the inspection report. Again they too do a report with their seal and state registration/ license on it. Whatever the appraisal shows is it’s new accurate specifically for the property and if it’s like 50k or 100k or whatever less than tax assessor value, it’s legal and Medicaid has to accept it. 3. This spring tax assessors office will have a challenge period open. You need to either go online or submit in writing that you as dpoa want a assessment value challenge hearing. You go to it with the 2 reports and a abt a dz. images of property that show just how much of a POS it truly is. Unless that county’s tax assessor is the devil, they will reduce it to the appraisal value plus maybe, just maybe 5%-10% of whatever growth figure that co. uses for floating bonds.
Has any offers been rescinded by the potential buyers lender after the initial offer was placed? If so, please try to get the letter from the lender as to why they wouldn’t lend. Usually the lender sends out someone to do inspection/appraisal and their report scares off lender so no traditional mortgage $$ to buyer. If house has years of delayed maintenance, it may not ever be eligible for any FHA or VA lending. And FHA/VA is like 80-90% of lending for buyers, so if they are out, then it only can be sold either to those bottom feeders “we buy ugly places” who maybe will pay land value or a conventional sale which means 20-30% down and that ain’t happening unless House is pretty special location. These letters you use to support in writing to Medicaid that property can never ever be sold for the amount they contend it can be.
As an aside on this, MERP was planned in 2000-2005. The go-go years of housing sales. Property values on total POS lil houses were huge. Then came housing bubble (like Countrywide debacle). But a lot of those houses kept the higher assessment (which didn’t matter to owner as over 65 with fixed property taxes) and which now are unrealistic for actual saleable value today.
I don't get it. The house is an exempt asset. Medicaid can't do a thing until she dies. Why would you need to sell it now? As for the lien, check the laws in your state. In my state, as long as there is no probate, that lien doesn't mean a thing. Check in your state. If so, avoid probate and there is no lien.
Medicaid doesn't put a lean on a house until the person passes. Just found out, I didn't receive the paperwork needed to do this. May have gone to the Nursing Home and they didn't pass it on.
Medicaid does not usually tell you what you need to get. It has to be Market Value. Your Realtor usually can do this by researching like houses that have sold and condition of the house or get an appraiser. Moms caseworker accepted the Realtor's contract. I was given no time it had to be sold. Mom is gone and I still am trying to sell the house. The lean will be paid when it sells.
What exactly is the situation on the property?
Is there an actual lien for a set $ amount filed (attached) onto the PPIN of property at the courthouse?
And if so, who placed the lien?
Placing legal onto property isn’t vague, it’s got to be something definitive and legal, like a judgement, or tax lien, or claim by one holding the property as securitization (like what Mortgage co do).
Could it be in some sort of time based waiver cause it’s above the allowed property value for Medicaid? On another forum there was a posting from a son whose parents owned a 600k home so technically above the maximum property value of 550k for his states Medicaid program for a homestead to be exempt asset. There was a period of time that it was to be sold and they were Medicaid Pending during it. But house needed to be sold within that time frame.
What’s going on in selling it?
How far off from tax assessor value are offers coming in at?
Or is it a bigger issue that assessor value is way way WAY off from its actual realty based value? If it’s this, to me there’s 3 things that must be done: 1. You hire an independent residential inspector to do a report of the property. They must be registered with the state of OK and report will have a seal on it. 2. Hire independent residential appraiser to do a report on the property. They get the inspection report. Again they too do a report with their seal and state registration/ license on it.
Whatever the appraisal shows is it’s new accurate specifically for the property and if it’s like 50k or 100k or whatever less than tax assessor value, it’s legal and Medicaid has to accept it. 3. This spring tax assessors office will have a challenge period open. You need to either go online or submit in writing that you as dpoa want a assessment value challenge hearing. You go to it with the 2 reports and a abt a dz. images of property that show just how much of a POS it truly is. Unless that county’s tax assessor is the devil, they will reduce it to the appraisal value plus maybe, just maybe 5%-10% of whatever growth figure that co. uses for floating bonds.
Has any offers been rescinded by the potential buyers lender after the initial offer was placed? If so, please try to get the letter from the lender as to why they wouldn’t lend. Usually the lender sends out someone to do inspection/appraisal and their report scares off lender so no traditional mortgage $$ to buyer. If house has years of delayed maintenance, it may not ever be eligible for any FHA or VA lending. And FHA/VA is like 80-90% of lending for buyers, so if they are out, then it only can be sold either to those bottom feeders “we buy ugly places” who maybe will pay land value or a conventional sale which means 20-30% down and that ain’t happening unless House is pretty special location. These letters you use to support in writing to Medicaid that property can never ever be sold for the amount they contend it can be.
As an aside on this, MERP was planned in 2000-2005. The go-go years of housing sales. Property values on total POS lil houses were huge. Then came housing bubble (like Countrywide debacle). But a lot of those houses kept the higher assessment (which didn’t matter to owner as over 65 with fixed property taxes) and which now are unrealistic for actual saleable value today.
Medicaid does not usually tell you what you need to get. It has to be Market Value. Your Realtor usually can do this by researching like houses that have sold and condition of the house or get an appraiser. Moms caseworker accepted the Realtor's contract. I was given no time it had to be sold. Mom is gone and I still am trying to sell the house. The lean will be paid when it sells.