There are 3 ways HFS can collect on a lien:
- through the estate of a deceased client; or
- through foreclosure of HFS's lien; or
- through getting paid the same amount that HFS would get through the estate or foreclosure.
NOTE: Foreclosure is a legal process that forces the sale of property to pay off a mortgage or lien.
Foreclosure against a client's home can be done when the client has died. Foreclosure is delayed when there is still one of the following relatives living in the home:
- the client's spouse; or
- the client's child who is under age 21; or
- the client's child who is age 21 or over and is disabled; or
- the Medical client's brother or sister who has lived in the house for at least one year immediately before the client went into a medical institution; or
- the Medical client's child who has lived in the house for at least 2 years immediately before the client went into a medical institution.
NOTE: The child has to prove that they provided care to the client that made it possible for the client to stay at home rather than go into a medical institution.