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My mother signed over her home in 1970, a few years after she was told she has Alzheimers and my sister lost her own home sheriffed sale. My sister moved in and has complete control over my mother credit cards and checkbook and meds.
I have gone to the Area Agency of Aging and they said that she was fine.
My mother sold her home to my sister for 1.00 and my mother still lives in the home with my sister but still pays the morgage on the home and all of the repairs. I wanted to know if it was legal for my mother is still pay for the home. Mom is 87 yrs.

gmakerley · Posted: Tue Apr 19, 2011 10:31 am Post subject:

Honestly, anyone can pay a mortgage voluntarily. For your Mom to be paying the mortgage and other related expenses for the home doesn't sound at all unusual to me, given that it's really her home to begin with. Despite her having transferred title to your sister, I'm sure that in her own mind, despite the Alzheimer's diagnosis, she is still the owner...it's still her home.

I can't quite conceive of any reason why it wouldn't be "legal" for her to make the payments. Does that make it any more comfortable for you to see it happening? I doubt that.

But I can easily fathom why she'd feel it appropriate to make the payments. I surmise that there's not much that can be done to dissaude her from doing so, either.

dipaligopale · Joined: 25 May 2010 Posts: 790 22.70 Dollars($)

Hi Myrna,

Welcome to Mortgage fit,
I am not sure what you intend to but surely you can indicate this situation to the court (if you wishes to) as a part of the family.You could have voided the sale deed itself when it was accomplished but now I think it is too late to challenge that.

An expert advice from an attorney will surely justify the severity of this problem.

Feel free to ask any further query if you have....

DIPA

Guest

It is just that I dont think my mother at the time of the Transfer she was not fully aware of the process. And my sister is taking advantage of my mom. I have looked for help throught the County Area of Aging and had taken pictures of moldy & expired food there for my mom to eat. I was told that maybe my standards where to high. Where do you turn when the people that are suppose to help you dont .

jameshogg · Posted: Tue Apr 19, 2011 7:02 pm Post subject:

Hi Myrna,

Your sister is the owner of the property but she is not the mortgage borrower. The mortgage is still in your mother's name and so she is liable to make the payments. However, your sister can pay the mortgage if she wishes to. Or else, she can refinance the mortgage and transfer it in her name and then pay off the mortgage. Apart from this, I don't think anything can be done.

Thanks

Guest

Should the mortgage company be informed?

Guest

How do you know if the deed transfer was a quitclaim deed?

Guest

What happens to the house , when my mother passes?

smithsussane · Posted: Wed Apr 20, 2011 10:04 pm Post subject:

Hi Myrna!

Welcome back to forums!

If your sister wishes to refinance the mortgage, then the lender will have to be informed about it. You should check out the property deed in order to find out whether or not it is a quitclaim deed. The name of the deed will be mentioned at the top of the document. If your sister's name is mentioned on the property deed as the owner of the property, then she will be get the property after your mother's death.

Feel free to ask if you've further queries.

Sussane

gmakerley · Posted: Thu Apr 21, 2011 10:55 am Post subject:

It seems pretty clear that Sis won't be looking for a refinance at this time...why would she? She owns the home and doesn't pay for it - DUH! If I'm in her shoes and I lack compassion (which is what I infer from Myrna's posts), then I'd sit by and watch the debt go away and end up with the home, as Sussane noted, in the long run.

Myrna, I don't know where you live, nor what the laws that govern these situations might be; but you would be well-advised to speak with a lawyer (at worst) and retain a lawyer (best case) to look into this for you, to eliminate the negatives of the situation (moldy food, etc.) and to alleviate the burden of making payments from your Mom. But of couse, that's a question too...is the payment a burden to her financially? And another comes to mind, too...if she is incapable of knowing what's going on, how does she manage to make the payments on time?

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