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I am trying to buy a house that owned by some one in a nursing home,,her husband bought the house while she was in the nursing

Chicago, IL |

home, he passed away. I think that the nursing home doesn't know about that house. Her son has a power of attorney and is selling it. If I buy it would the state come after me or but a lien on the house to recover any money? I live in Chicago

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Attorney answers 3

Posted

Yeah, be careful about a sale that looks like it might be being done to defraud. You could get caught up in the criminal process easily.

Posted

There may already be a lien on the house if the owners are accepting public assistance to pay for the nursing home. There are also what are called "title clearance" issues -- how did they own the house and when he passed away did anyone follow through on putting title in the widow's name. The POA itself may be questionable. So if this would be a bargain, hire an attorney who can help you work through all the issues. With this kind of investment don't do it half-asked.

Posted

As long as the nursing home is being paid for out of different funds and title is clean (contact a real estate attorney and have them get in touch with a title insurance company such as Ticor or Chicago Title Company) then you should be ok. However, fraud could also be an issue and you should hire an attorney and tread carefully.

This should not be construed as legal advice or the making of an attorney-client relationship. this information is purely for informational purposes and should be treated as such.