Boston, MA asked in Foreclosure, Real Estate Law and Probate for Massachusetts

Q: My ex has end stage dementia-I am his POA/HCP-hold mortgage on 1/2 house he shares-Can I get lieu deed before he dies?

I have never been paid any interest & want to keep family property safe. I have already paid off one other foreclosure on the property to keep it safe. It is shared (TIC) with his niece. I do not want to force sale of the property when he dies to get my money, so would like to deal with this beforehand. I understand I will have to take on junior liens. Mortgage was from a modification trial of money he owed me for child support so not taxable? What do I do? I take care of him, have been his person for 10-15 yrs- paid for rest home, gotten him into memory care unit(s) & on Medicaid. I have fought for best care possible. I am concerned his older children from previous marriage will say I am taking advantage-they are not involved in his care/life, and see him at best 1x a year. There are liens that should have expired but not cleared in registry of deeds. Was told not to ask IRS questions about liens & want to do this before a family feud ensues. Please and thank you.

1 Lawyer Answer
Christopher Tolley
Christopher Tolley
  • Consumer Law Lawyer
  • Boston, MA
  • Licensed in Massachusetts

A: So I understand correctly, your ex owns the house as tenants in common with his niece and you have a mortgage on his interest in the property only. You propose to accept a deed in lieu of foreclosure of his interest in the house. Following such a transfer, you will be tenants in common with the niece. I assume your mortgage is in first position. Would a deed of your ex' one half interest in the property be equivalent in value to the amount of your mortgage? If not, there may be a fraudulent conveyance issue or your ex' other family members may allege undue influence. In addition, is your ex competent to sign a deed to the property. Certainly a deed in lieu of foreclosure would give you more control of the property and eliminate the interests of your ex' children to the extent they would take his interest after his death. All that said, is your goal to own the property with the niece? Lastly, before undertaking anything I strongly suggest you consult an attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.