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Ray, Lawyer
Category: Legal
Satisfied Customers: 42862
Experience:  30 years in civil, probate, real estate, elder law
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My mother is 92 has a car loan and is in a nursing home

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My mother is 92 has a car loan and is in a nursing home unable to make payments on the loan.She is on a Medicaid waiver so her retirement and social security pays for her nursing home. She owes more than car is worth what should she do?
JA: What state is this in? And how old is the car?
Customer: Wyoming
JA: Has anything been filed or reported?
Customer: What do you mean?
JA: What confuses you?
Customer: What kind of thing filed or reported?
JA: Anything else you want the lawyer to know before I connect you?
Customer: No

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Two options here.You can drive it here if she has insurance on it until they repo it.The second option is to try and turn it in to creditor.If you keep it here they likely repo it at some point.But you are able to drive it as long as it is insured.It is exempt from medicaid and if you need transport drive it as long as you can.She is really judgment proof, if they sued her her they couldn't collect because she has nothing.You decide if you want to drive it here until they repo or turn it in.Either way these are the options.They cannot really collect anything here, they can repo it thats about it.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Customer: replied 4 months ago.
When you say drive it here what do you mean?
Customer: replied 4 months ago.
I am her power of attorney to manage her Medicaid waiver can they sue me? I am not on the car loan.

You can drive ti where you are located as long as it has insurance.Medicaid exempts it as an asset.You are allowed to use her car as long as you can.The state would tak it anyway if she deceased if it was paid for.Thsi wany ledner and medicaid eventually fight it out if she deceases.But no reason you cannot drive it.Lender here mya just write it off its low value not worht it to them to repo it or sue her.

Customer: replied 4 months ago.
Well car is in Colorado with me and she is in wyoming. I have a letter saying the last day for payment/cure is 6/15. For $843.94- I am assuming her payoff is around $4000 but car not worth that much.
Customer: replied 4 months ago.
Are you saying they may not repo it?

So you can keep driving it.Just don't leave personal property in it in case they repo it.Or you can turn it in to lender.Honestly I doubt they repo it not worth that much.If you need transport drive it here.You can also pay insurance on it so its legal.They cannot collect anything from her if they sue here.She is indigent.

They often just write these off.Its not worth the repo fee here and the legal hassle to do so.

Customer: replied 4 months ago.
this notice of default and the right to cure and intention to repo - last day for payment /cure -June 15 sounds like they are going to repo if past due isn't paid-you are saying they may not even repo it?

Yes they are just trying to get her to pay.For one thing they may not know where it is, you can tell them she is states away here.

Customer: replied 4 months ago.
They have my address so they know its here.
Customer: replied 4 months ago.
Does it matter if it has damage not repaired windshield or body?

So drive it until they come get it.They cannot repo it if it is in in locked garage.....they cannot disturb the peace.Not at all sure they want it here.The letter is likely a bluff they send to all.

Good luck with your mom.If she got on medicaid thats the important thing. Stats on people in nursing homes aren't good 90% live 5 years or less, I do elder law.

Customer: replied 4 months ago.
Really that's amazing that they may not repo it do not have a garage but it is not being driven now. Thank you she is a retired RN and worked over 50 years I would like to get her home with me really. If she gets off the Medicaid dobyoubthink they would sue her? She can always keep it and live with me though as well at least will not be paying for the nursing home fees then.
Customer: replied 4 months ago.
Car is year 2012 by the way

She would be eligible anywhere in the state where she is.If she moves out of state then you have to reapply there.If she qualifies for skilled are here she is probably where she needs to be, nobody wants to live in one but reality is she needs to be there because of her needs.

I don't thin they sue someone in a nursing home, it is totally noncollectable if they do.

Thanks again I wish you both the best.Thanks for rating 5 stars.

Customer: replied 4 months ago.
Thank you so much I won't worry then it is has been causing me stress.

Don't worry about it.It will be ok.The worst here is they pick it up.

Thanks for rating 5 stars it is much appreciated.

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