Gasper v. Adkins
Oct 30, 2018OUTCOME: Success for client
Citation: Gasper v. Adkins, 2018-0hio-3941, 2018 WL 4677657 (Ohio Ct. App. 10th Dist. Franklin County 2018) Ward had moved to a nursing home paid for by Medicaid, and mortgage and taxes on her home ... were in default. Guardian's court action to sell the home was resisted by the mortgagee, since sale would not produce enough funds fully to satisfy the mortgage debt. Probate court authorized sale free of the mortgage, affirmed on appeal. RC 2127.19 4 provides for sale free of all liens as here. RC 2127.20 provides for sale with the consent of the mortgagee, but only where the buyer is assuming the mortgage, so that consent was properly not required here. It was further argued that sale would not benefit ward, since proceeds would not fully satisfy mortgage and none would remain for the guardianship; but sale would assure continuation of Medicaid benefits, and thus provide this important benefit to the ward.
