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Can I be reimbursed for mortgage payments?

I've been paying my mom's mortgage for the last three years, will I be reimbursed once we sell the house?
Status: Open    Sep 06, 2014 - 05:54 AM

Finance, Elder Law

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Jul 23, 2015 - 12:53 PM


This is a complicated question. The first question is whether you and your mother had a contract, or whether you simply made the payments voluntarily. If there is not a contract in writing, it can be difficult to prove that an oral contract was made. If no contract can be proven, you have no right to payment. If there is a contract, then you can enforce payment, but unless the contract was a mortgage or deed of trust, you do not have an automatic right to be reimbursed from the proceeds of the sale of the house. You would have to pursue payment separately from the closing of the sale.

Feb 09, 2016 - 10:41 AM

You can be reimbursed, but you may want to memorialize the agreement in writing. For example, if your mom is able, you may want too have her sign a promissory note. If you really want to "go the extra mile" with documentation, you may want to file a second mortgage against the home.. This would protect your interest, which may be especially important should mom need government assistance for long-term care costs.

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