Full question:
My mom had to be placed in a nursing home. The bank sent, her a form saying she should pay a certain amount to them. If I pay the money to the bank can the state still come in and take the property.
- Category: Debts and Credit
- Date:
- State: Ohio
Answer:
If you pay the bank, request a release and waiver to ensure she is free from further claims. The outcome depends on various factors, including whether you have power of attorney for her. If she cannot sign a power of attorney due to incompetence, a guardianship may be necessary to manage her affairs.
The bank may have a security interest in the property. If the mortgage isn't paid, the bank could foreclose. If the bank wins a court judgment and it remains unpaid, a lien could be placed on her property. A judgment lien gives the creditor an interest in the debtor's property, which can be enforced through the sale of the property to satisfy the debt.
A valid lien requires that the lienholder has ownership or a right to the property and must arise from an agreement, either express or implied. Liens can typically be removed by paying the owed amount, even up to the closing of a property sale.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.