Legal Question in Credit and Debt Law in California

My dad and I inherited a property from a relative, DCHS sent me a huge bill after she died, i didn't sell the property because it was paid in full and because the real state market went down; we tough it will be good to wait for it to recover and get a better price for the property. DCHS asked us to sign a voluntary lien on the property and make monthly payments until the total amount could be paid in full. I leased the property so I could pay the DHCS but some people keeps telling me that the property can be taken from me if I don't live in it, specially after 4 years from the date the lien started is this true? What kind of attorney should I contact? I've tried to find answers in real state or elder law but I haven't had luck with this, please help me. Thanks for your time.


Asked on 11/03/11, 7:53 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

To answer the question, you'll need a real estate attorney to review what you signed with DHCS. It is not likely that you are required to live in the property. The lien and whatever agreement you signed with DHCS likely says that so long as you make the payments, they will not take any action to recover the property under their lien. Hire a local real estate attorney to review the agreement, and if unclear then a new agreement should probably be reached with DHCS and a new agreement signed by all parties.

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Answered on 11/03/11, 12:11 pm


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