Marian was raised in a modest home which she acquired from her mother. It was in this home that she raised three boys and spent the last 30 years caring for a husband with multiple sclerosis. Ten years ago, one son convinced Marian to add his name to the property deed. He then arranged to convert the property into a three bedroom house for himself, with an in-law apartment for Marian and her husband. For the next ten years, he refinanced the loan multiple times, increasing the debt significantly. During that time the son remarried and family relationships deteriorated.
In 2011, the son walked away from the property and stopped paying the loan. Marian and her husband could not modify their son’s loan, lacked income, and now faced foreclosure. Their equity was depleted.
An MWLS attorney began to explore options to keep Marian and husband in their home, and filed for bankruptcy to stop the foreclosure. Marian’s signature on the mortgage had not been notarized and raised questions as to its authenticity- a handwriting analysis proved positive for a forged signature. The attorney filed a Superior Court action challenging the legitimacy of the mortgage document. Eventually, the lender agreed to a reduced pay-off amount for the mortgage debt. With assistance from MWLS, Marian marketed the property hoping to find a buyer who would allow her and her husband to stay in the in-law apartment. Months passed until eventually a buyer agreed to these conditions and submitted an offer. MWLS worked with a private attorney who petitioned the local town for a zoning variance to permit the “two-family” occupancy in a single family zone. MWLS also helped Marian and husband apply for a state housing voucher that would allow them to pay rent for the in-law apartment. In July 2012, the sale occurred and Marian and husband were able to stay in their home paying affordable rent for housing and utilities. Relieved, Marian and her husband can now focus on caring for each other in their home modified for their medical needs.