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Mother in nursing home, father going into nursing home both qualify for Medicaid. Family home was paid off then about 7 years ago they took out a loan using the house as collateral. Loan signed by father, mother and child. Loan is still outstanding, who has right to sell property and who is stuck with the loan payment or does Medicaid own property?

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Besides the issue of how the deed is titled, there's the issue of the 3 people being obligated as mortgagors under the loan.    If each has a 1/3 interest, as would likely be stated in the deed (or it would state that each has an equal interest), theoretically each would pay that 1/3 share of the mortgage payments, but that won't happen if the funds aren't available for the mother and father to make those payments.

Depending on the lender (mortgagee), there may be conditions limiting the sale of the home by one of the mortgagors.

This is an issue that might have to be raised with the lender if the parents aren't able to sign a deed for sale of the house, which could be raised if any dementia is involved.  

If the parents are both able to sign, however, everyone on the Deed would have to sign at any sale of the property.   As to who's "stuck" with the loan payments, I think the issue is whether or not you really want to keep the house, and for what purpose.  The parents aren't going to be able to so, the "child" is by default stuck with the payment.   

Mortgage clauses may address this.   But they're not always easy to read or understand.  Still, read the mortgage to see what provisions are made.

Are you (I assume you're the "child?)  living there?  What are your plans - stay or sell?

If you do make the decision to sell, I would contact the mortgagee to make it aware of that fact if you're not able to make the full mortgage payment.  That way, depending on the specific mortgagee, you might be able to reach a tentative agreement to avoid the loan becoming delinquent and all 3 mortgagors being declared in default.

I'm not going to address Medicaid's potential ownership as I'm not skilled enough in that area to offer an opinion.
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Probably a good idea to do a Pre-lim title search. You can't assume who's on the deed - but you need to find out how the property is really vested. Any further 'instruments' (POA, Trust, etc. .)in place will lead you to who has the right to sell the property. Title history is very important in Real Estate. Especially when multiple family members are involved. Clouded title can really cause a legal mess and unwanted delays during the sale of real property. Not to mention pissed- off buyers.
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Whose names are on the deed? A home is the asset of the people who are on the deed, and the names on the loan would not be relevant from a Medicaid perspective, I don't believe. In any case, Medicaid would not "own" the house--they would put a lien on it so that if/when it sells they would get repaid. All the parents' current income needs to go for their support in the nursing home and they cannot pay on the loan. If the house is to be maintained, that would just leave the child to pay the loan. Only people whose names are on the deed have the right to sell the property. Ideally, the parents would have named someone as POA and the POA would be able to sell the house, pay off the loan, and use the balance for paying for nursing home care. Medicaid would be suspended during the time the house proceeds are being spent for care, but once those assets are spent down, Medicaid could resume. If all 3 names are on the deed, and the child has been living in the home for some time, I believe they can continue to live there but they would have to pay or all the house expenses--loan, taxes, utilities, etc. Medicaid could still put a lien on if the child's name is also on the deed, but they would only be able to recover 2/3rds of the proceeds if the house is sold. If parents are incompetent or under guardianship, and the child is a 3rd owner, I would assume the child could could sell the house, even if they aren't POA, but would have to turn over 2/3rds of the proceeds for their parents' care. Best to consult a lawyer!
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Gosh, I have no idea. Others will know more so stick around. I am not familiar with Medicaid stipulations.
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