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Mother owns half my house, she is going into nursing home will I lose my home? have filed bankruptcy within last 6 months

Fort Wayne, IN |

6 years ago I needed help to get my home my mom is on the morgage but she has never payed a morgage payment, now that she is 80 there is talk of putting her in a nursing home, I called the morgage company but cant ger her off the morgage. I am scared that I will end up loseing my home.

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Attorney answers 1


There are two separate issues here, who is on title to the property, and who is/are the borrowers on the loan. As a general matter, if the mortgage payments are being paid no one is going to foreclose and you will not "lose" the house. If you want to take your mother's name off title to the house, that is usually pretty easy. If there is substantial equity in the property, you might look into putting the property into a trust to avoid any estate tax and probate issues.

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