Posts Tagged ‘deed’

New MD Case Law – Deed Acquired Through Fraud by Son From Dying Mother (Md. App.)

Substitute trustees for refinancing mortgagee, on behalf of mortgagee, brought foreclosure action against refinancing mortgagor and personal representative of estate of original mortgagor. The personal representative filed a motion to stay and dismiss the action, alleging that the estate was the lawful owner of the property. The trial court denied the motion. The personal representative appealed and the court reversed and remanded. The substitute trustees then petitioned for certiorari. The court of appeals held that the creation of a constructive trust over property in the prior action did not by itself preclude foreclosure. The refinancing mortgagee was not a bona…

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With proper planning, a primary residence can be protected from the Nursing Home.

When a widowed or single individual seeks Medicaid benefits, Medicaid requires that they spend their available assets down to $2,500.00 before receiving such benefits. If a person enters a nursing home without a reasonable expectation to return to their primary residence, Medicaid will expect them to sell their residence to pay for nursing home care. Medicaid examines all gifts made within five years of a person applying for the program. As a result, if a senior tried to transfer a home outright to their loved ones before entering a nursing home they may be subject to a penalty period for…

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