Mother in nursing home, father going into nursing home both qualify for Medicaid. Family home was paid off then about 7 years ago they took out a loan using the house as collateral. Loan signed by father, mother and child. Loan is still outstanding, who has right to sell property and who is stuck with the loan payment or does Medicaid own property?
Depending on the lender (mortgagee), there may be conditions limiting the sale of the home by one of the mortgagors.
This is an issue that might have to be raised with the lender if the parents aren't able to sign a deed for sale of the house, which could be raised if any dementia is involved.
If the parents are both able to sign, however, everyone on the Deed would have to sign at any sale of the property. As to who's "stuck" with the loan payments, I think the issue is whether or not you really want to keep the house, and for what purpose. The parents aren't going to be able to so, the "child" is by default stuck with the payment.
Mortgage clauses may address this. But they're not always easy to read or understand. Still, read the mortgage to see what provisions are made.
Are you (I assume you're the "child?) living there? What are your plans - stay or sell?
If you do make the decision to sell, I would contact the mortgagee to make it aware of that fact if you're not able to make the full mortgage payment. That way, depending on the specific mortgagee, you might be able to reach a tentative agreement to avoid the loan becoming delinquent and all 3 mortgagors being declared in default.
I'm not going to address Medicaid's potential ownership as I'm not skilled enough in that area to offer an opinion.