Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 8 years ago,

User Stats

12
Posts
7
Votes
Cash Lawless
  • Multi-Strategy Real Estate Investor
  • Brooklyn, NY
7
Votes |
12
Posts

Can Medicaid put a lien on a property I have under contract?

Cash Lawless
  • Multi-Strategy Real Estate Investor
  • Brooklyn, NY
Posted

Here is my situation. I have a property under contract as of 3 days ago in Texas. The seller is the daughter of the owner, with power of attorny, and the owner is in a nursing home with dementia. The seller has just informed us that Medicaid, who is paying for the owners elderly care, is demanding an appraisal on the property, and will not allow it to be sold under market value. Obviously we do not want an appraisal, and the property is already under contract. Does Medicaid have the power to legally enforce? And by closing this deal without an appraisal, are we at risk for any of the following, and are there any ways around this?

1. Violation of any elderly abuse laws

2. Medicaid putting a lien on the property after the deal closes

3. Medicaid opening a case against us 

4. Medicaid opening a case against the seller

5. Seller losing Medicaid support and causing problems for the family

Thank you all for your kind consideration and time in addressing this unique issue. 

Loading replies...