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Below is a module created by Idaho Legal Aid Services related to common legal issues surrounding seniors or the elderly and protecting their home in relation to issues like Medicaid, foreclosure, deed, reverse mortgages, and letting others reside with you.. The module is available in English and Spanish.
A predatory mortgage is a needlessly expensive home loan that provides no financial benefit to the borrower in return for the extra costs. In many cases, homeowners are deceived about the loan's true costs and terms or are pressured into signing loans they cannot afford. Many of these homeowners lose their homes to foreclosure.
There are many decisions to be made every day in life, even late in life. This is called life-time planning. Some of these decisions are of a financial nature, while others are of a personal nature, and still others are health-related.
Financial decisions might include whether or not to have a joint bank account, how to go about paying bills and arranging finances, and drafting and maintaining legal papers.
Personal decisions might include making funeral plans or burial arrangements, choosing where to live, and fulfilling spiritual or religious preferences.
Probate is the procedure for transferring title of a deceased person's property to the proper survivors. If the person did not have a will, the laws of intestate succession set out who will inherit. If there is a valid will, the estate still must be probated, but it is distributed according to the will. Probate also arranges for payment of all debts and taxes.
A will is a legal document directing the disposition of one's property (estate) after death. The person
whose property is distributed in the will is called the testator of the will. A will has no effect before the death of the testator. At any time before death, the testator may still give away or sell her property. The testator may also amend or revoke her will or put in effect an entirely new will at any time before her death, as long as she is mentally competent to do so.
Your home is likely your most valuable asset, and you have an interest in maintaining ownership, protecting your equity and preserving your credit rating. This manual describes how you can better protect yourself from scams and deceptive business practices aimed at homeowners. Mortgage fraud, foreclosure rescue schemes and other deceptive practices have invaded our state, offering empty promises and stealing the dream of home ownership. Both Idaho and federal law offer some protections against mortgage fraud. Some of these laws are discussed in this manual.
This brochure was prepared by Idaho Legal Aid Services, Inc. for the purpose of informing tenants of their rights and responsibilities in federal housing programs under current Idaho and federal law. It does not include other legal theories which have been adopted by other states but as yet not accepted by Idaho’s courts. At several points in the brochure, the tenant is advised to seek legal assistance of an attorney.
The purpose of this memorandum is to reiterate procedures for complaints processed by Fair Housing Assistance Program agencies that involve Low Income Housing Tax Credit properties.
Title 55, Chapter 20 - Idaho Mobile Home Park Landlord-Tenant Act: https://legislature.idaho.gov/statutesrules/idstat/title55/t55ch20/
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