The answer is Yes, however you might wanna make sure and wait for another member to confirm it as I am unsure of myself. Better yet, why don't you e-mail the Lending Tree guys because they can assist you better...

Also sweet, kind of off topic but some useful stuff I have learned trying to get a grip on parents finances:.

-get their utilities under prorated programs for people with less income. Almost each utility company offers these programs, usually with no documentation..

-get brand prescriptions not covered by medicare through the VA (if dad was a VET, VA offers some great benefits medicare doesn't) through the makers of the meds (pfizer and merck both have programs for seniors who need brand name meds) or through the state..

~Cindy..

Thanks for the info. Dad is a vet, but avoids the VA like the plague. Has a friend die and an uncle almost die at different VA hospitals. My biggest concern is possible forced sale. to me the lien isn't a problem immediately, unless they make them sell their place. For the home they are in they would have to wait until the original debt is satisfied..

I do know they can't touch his disability check and social security check. Unscupulous CA's somehow have the ability to freeze checking accounts, so I've advised them to deal in cash. Unfortunately they don't really listen to me, but I'm very worried about them...

Sweet, I don't know anything about Virginia laws, but most often, creditors will have to get a judgment to get a lien. So at least you will have some kind of a heads up before they go to get a judgment, which they may never actually do. Whether they can or can't force sale.

Once they get a lien.

Is up to Virginia state law..

In the last few years, I have constantly scrutinized my parents mail looking for notifications about creditors seeking judgment, they usually tell me bad news when it is too late. Fortunately, to date, none of the creditors have forced the issue. But if they had, because their is a lot of equity in the house, I probably would have done everything I could have to get dad to file chapter 7bk..

Hopefully, your dad's creditors will figure your parents probably are not worth pursuing a judgment against, especially knowing that they can just file a chapter 7 on them and protect their house. If your parents have a lot of other assets outside of their home, the creditors will have more incentive to get a judgment knowing they won't be able to protect these assets with a BK..

Sorry to hear about your dad avoiding the VA, but I would not rule that out. Out of pride, my dad has ignored the benefits from the VA, until recently. I.

Finally.

Got him to go and WHEW!!! What a difference. His cataract surgery that would cost $2k under medicare is covered. His brand name presciptions for fossamax and lipitor, not covered by medicare, now only costs $14 a month,.

Instead.

Of the $150 a month I was paying. I never imagined I would be 29 knowing so much about the medicare system...

I wouldn't dismiss out of hand the idea of filing bankruptcy. That would stop the harassing calls and there would be no issue about the impact of a judgment lien on their property..

Whether a sale could be forced depends on state law. Every state provides some amount of equity that is exempt from creditors. Still the creditor might be able to force a sale as long as your parents are paid the amount that is exempt from the sale proceeds. There may be procedures for recording a homestead which they should do if available in your state..

Anyone inheriting the property will take it subject to the lien and will have to deal with it. (Another good reason to file bk)..

Also it is better to file bankruptcy before a lien attaches. This is because bankruptcy does not always eliminate liens on real property. It only discharges the personal liability of the debtor. There is a procedure in bankruptcy court to avoid liens in some cases but the rules are too complicated for a discussion in this forum..

My vote would be that your parents file bk before anyone gets a judgment so that they can enjoy their golden years without worrying about lawsuits and liens..

This should not be construed as legal advice. You should contact an VA lawyer knowledgeable in bankrutpcy...