Legal Question in Credit and Debt Law in California

Sick Mom

My mother in law got very sick almost 2 years ago and had to be admitted to a hospital. She does not speak English well and did not know to go to County hospital. The ambulence instead took her to the nearest hospital. She did not have insurance and incurred a debt of over $60,000.00. The hospital has sent this to collections because at the time she owned a small and very modest home. In the meantime this woman has no support except from her kids. She has no savings. No husband, and still very very ill. She was unable to pay her taxes this year so she deeded her home to her 2 sons who have been paying the taxes and association fees of her town home. There was no lien on the home at the time of transfer but it seems that is what the collection agency is going after. My question is can they still go ahead and seize her home or put a lien on it now after she has already deeded it to her sons., when her sons are paying all the bills. She deeded it in October 2005 again because she could not support the home anymore and because she is very sick and fears death so she wanted to give to her 2 children what belongs to them. I spoke to the collection agency and they are not aware she has made the transfer. Thank you.


Asked on 1/12/06, 2:19 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Sick Mom

The collection company cannot go after the home until they get a judgment indicating the transfer was a "fraudulent conveyance". So, the best course of action would probably be to sell the home, now before the creditor gets it. If you want to know other options, feel free to contact me.

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Answered on 1/13/06, 5:34 pm


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