In 2004 my mother and I lived together and refinanced her and dad's home after he past in 1998.
In 2010 my mother was living with my brother and I got married in 2008 and remained in the home. In 2010 my mother had an accident and us children had to admit her to a rest home.
Earlier in 2010 I was trying to get a HARP loan modification to lower the payments and keep me in the house which I later succeeded in. Mother was left on the loan. In order to get the HARP loan the present mortgagor ask me to have mother sign a quit claim deed since she was no longer living in the home. I got a quit claim deed in 2010. Finally got the Harp modification in 2012
Later in 2013 a creditor got a judgement against mom on a credit card I believe. Now he has resurfaced in 2017 and she died in 2015. I just sent the mortgage holder a copy of the death certificate (we were told the Social Security Administration would do this or state Vital Records)also at their request and they will be removing her name from everything.
Can he attach a lien to my home or in any way make me responsible for her previous debts since she Quit Claimed it in 2010 well before he got his judgement?
Generally, a creditor can only attach property owned by the debtor. However, if the debt is related to any medicaid provided services there is a look back period. Also, a creditor's bill can be filed and prosecuted if at the time the debt was incurred someone owned an asset and then transferred it for little or no value, which would appear to be an effort to defraud a creditor.
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You said that your mother quit claimed the house to you but was that deed filed with the recorder of deeds office? If not then the creditor may be looking and seeing real estate in your late mother's name. Also as Mr. Freeman pointed out if your mother's care at the nursing home was being paid for in part by Medicaid then it likely has a lien on the property.
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