I am living in a movable home which my father purchased a few years ago. The intention was that we ( my wife and I ) would pay all the finances to live there and we would take care of him until his death. Everything about this property is in his name. He has recently decided to move in with my youngest uncle. Am I still obligated to stay in the home and make these payments or can I move also. This home is far from my job and is not in an easy accessible location for frequent company. My wife wants to move and just let everything go. Can the bank garnish his social security if the payments are no longer being made? Or would the home and property just go into foreclosure?
This is a common trap.... care of him until his death
Quoting Attorney at law Kevin P. Keane:
"agreements not reduced to writing, are NOT worth the paper they ain't written on."
See an elder affairs attorney and get your act together or be in deep yogurt.
One major thing. Is he competent to make the decision to move? Also who would inherited the home once he has passed. Never assume it is you and your wife even if you have contributed to the cost of living.
I wouldn't feel obligated to stay. Renting it out would probably be a lot more hassle than it's worth, particularly since you will not personally benefit via a tax deduction because it's not in your name, and then you're on the hook for repairs/emergencies and that joyful task of trying to collect rent or forcing an eviction if they don't pay.
Given the resale value of mobile homes, unless he bought it used or got a super deal on it, you probably won't recoup much from the sale, if any…and he might end up upside down in the process, requiring you to come up with money to complete the sale. Unless your dad has the assets to cover this, I wouldn't even CONSIDER taking anything out of your own pocket to do so! I would almost never say this, but I think if it were me I'd walk away. If he's never going to buy another home or need credit for anything, and will have a place to live with your uncle, it won't matter what his credit score is anyway. You could be putting your money toward building equity in your own home. And with the way the economy is going, if it's possible for you, the sooner you buy your own house, the better off you'll be both price and interest wise. Note: if he is still of sound mind, I would get some kind of written accounting statement from him verifying that you have paid on time (a written lease would have been optimal!) so that you have proof of your creditworthiness when you apply for a home loan elsewhere.
Ultimately, however, consult an attorney if you have the means, to see if his SS can be garnished or not. You might be able to call a consumer protection agency or community based credit counselor and get that answer for free. Sometimes you can find an attorney who will do the initial consultation for free, but plan on $275-$300/hr. I wish you the very best of luck!
good luck
good luck
To enforce child support and alimony obligations under Section 459 of the Social Security Act (42 U.S.C. 659);
For certain civil penalties under the Mandatory Victim Restitution Act (18 U.S.C. 3613);
With a Notice of Levy to collect overdue federal taxes under Section 6334(c) of the Internal Revenue Code;
Through the Federal Payment Levy Program to collect overdue federal taxes by levying up to 15 percent of each monthly payment until the debt is paid under Section 1024 of the Taxpayer Relief Act of 1997 (Public Law 105-34);
To withhold and pay another federal agency for a non-tax debt you owe to that agency according to the Debt Collection Improvement Act of 1996 (Public Law 104-134).
None of these include payments on a prefabricated home.
https://faq.ssa.gov/link/portal/34011/34019/Article/3812/What-are-the-laws-allowing-the-garnishment-and-levy-of-Social-Security-benefits