Long Term Care (LTC): Home Property Liens for Nursing Facility Client

Federally mandated for Nursing Facility (NF) clients who are 55 years of age or older when the care is received.

–  If the client is younger than 55 years of age, and has resided in the LTC facility 12 months, the property must be on the market to sell with 90 day follow ups.

A lien may not be filed on the home property if one of the following lawfully resides in the home:

  • A surviving spouse
  • A child or children age 20 or less
  • A disabled child or children of any age
  • A brother or sister of the recipient who has an equity interest in the home and has been residing in the home for at least one year immediately prior to recipient’s admission to the NF and who has continued to live there on a continuous basis since that time

Policy 317:35-19-4 for ABD Related.

**Note: Liens cannot be filed on mobile homes as they are considered personal property (for example vehicles) rather than real property (a fixed immobile home). Liens can be filed on the land on which the mobile home is located if it is owned by household.

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