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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.
What is predatory lending?
Predatory lending is the practice of preying on, or taking advantage of, an individual or group of people that may have a difficult time buying or refinancing a home such as people who may be poor, uneducated, elderly, or in a protected class. Under the Fair Housing Act, a protected class is a group of people who share common characteristics and are protected from discrimination on the basis of race, religion, national origin, color, disability, familial status, and gender.
How do I know if I've been a victim?
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 predatory mortgage is a needlessly expensive home loan that provides no financial benefit to the gorrower in return fo 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.
Reverse mortgages are becoming popular in America. HUD's Federal Housing Administration (FHA) created one of the first. The Home Equity Conversion Mortgage (HECM) is FHA's reverse mortgage program which enables you to withdraw some of the equity in your home. The HECM is a safe plan that can give older Americans greater financial security. Many seniors use it to supplement social security, meet unexpected medical expenses, make home improvements and more. You can receive free information about reverse mortgages in general by calling AARP toll free at (800) 209-8085.
Idaho Department of Finance Frequesntly Asked Questions (FAQ) about Consumer Finance.
American Civil Liberties Union - Violence Against Women: Housing website contains information regarding fair housing for survivors of domestic violence.
The Violence Against Women Act: A Housing Toolkit for Advocates
It’s a task that few of us look forward to: arranging for help to be there if, as senior citizens, we
are no longer able to care for ourselves. For 1.4 million seniors, that care comes in a nursing home
where most residents have their bills paid by the government through the Medicaid program. For
millions of others, that care comes from family members or paid providers, in homes or assisted living
facilities...
Discrimination in mortgage lending is prohibited by the Fair Housing Act. The Act makes it unlawful to engage in discriminatory practices based on race, color, national origin, religion, sex, familial status or handicap (disability). Examples of discrimination in lending include:
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