Can nursing home claim a parents’ home if it has a mortgage on it?

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Can nursing home claim a parents’ home if it has a mortgage on it?

Asked on June 23, 2015 under Real Estate Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The mortgage will have first priority, but the nursing home can get any equity in the parent's home. The mortgage protects the lender's interests, but doesn't do anything to protect the parent's otherwise; all it does is make sure that no matter what, the lender gets paid.


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