[WSBAPT] OFR lien recovery

[Mike Winslow]

In follow up to my post, a senior title underwriter for a national title
company confirmed regarding lien priority of the OFR lien as follows:
The Medicaid OFR liens that you are referring to are often not recorded, so
we consider them a secret lien if you will. If there is an actual recorded
lien, however, you are correct that they are normal priority liens that can
be wiped out by a senior lien foreclosure with proper notice.
This from Lindsy Doucette of Fidelity/Chicago Title. (and yes, she spells
her first name without the typical "e" in Lindsey).
 
Thanks all for your responses to my post.
Mike
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
This message is from an attorney, so it's confidential. If you are not the
intended recipient, it's too late to stop reading this message, but you may
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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Wednesday, November 20, 2019 2:43 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] OFR lien recovery
 
The bar stool advisors should not get paid anything for that adviceJ
Children are not liable for their parents' debts unless they guaranteed them
or were gifted assets and the gift arises to a fraudulent transfer to avoid
creditors.  
 
However, in this instance, no inheritance, no liability to the kids.
 
Marcus J. Fry
Lyon, Weigand & Gustafson, P.S. 
P.O. Box 1689 
Yakima, Washington  98907 
Telephone:  (509) 248-7220 
Facsimile:  (509) 575-1883 
 
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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Wednesday, November 20, 2019 2:33 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] OFR lien recovery
 
Client's mom passed away, owning a house. The house does not have enough
equity to pay the 1st mortgage lender and the OFR lien.
If First Mortgage lender forecloses, is there any way OFR can make the
family pay the debt. 
There are no other assets; no non-probate assets delivered directly to the
children.
 
Kids have been told by bar stool advisors that they will have to pay the OFR
if the house goes to foreclosure. I know of no reason the kids would have to
pay mom's Medicaid debt.
Is there something I don't know?
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
This message is from an attorney, so it's confidential. If you are not the
intended recipient, it's too late to stop reading this message, but you may
not use it for any improper purpose. Huge Disclaimer available upon request.
 
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