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Can my Mom be held liable for co-signing a loan application for my sister while under her care? My Mom had brain surgery in April 2005. She supposedly co-signed September 1,2005. I had Power of Attorney over her affairs at the time as my Mom and still do. My Mom does not remember signing any forms. She had memory problems then and still does. My sister has defaulted on the loan and now a collection agency is trying to get the money from my Mom. Should I see an Elder Care lawyer? In Sept. 2004 she almost died due to a fever of Unknown origen. She was admitted to a nursing home for rehabilitation. Since the care was not good, and she was getting worse we moved her to my sister's house where she stayed until June 2007. She was then able to get the proper neurological care. Thank-you
State/Country relating to Question: New York Already Tried: Just found this out Monday. Only spoke to the Redline Debt Collection Agency. Have a fax ready to get a copy of the application form to see if my Mom's signature. Thought maybe I should seek legal counsel first.
You can and will have to argue and prove your mom was not competent to sign and that you as Power of Attorney would have had to sign for her. Upon showing she was not competent to sign you can get her invalidated as co-signer and thus not liable for the loan. You start by sending them a letter explaining this and tell them that you are exercising your rights under the Fair Debt Collection Practices Act to demand a copy of the signed contract with your mom's signature showing she co-signed and an itemized statement of the debt. Tell them that if they refuse to comply you will file a complaint with the Federal Trade Commission and file suit against them for damages and attorney's fees as provided in the Act. Also, enclose copies of your POA and proof your mom was not mentally competent to sign the contract at the time she allegedly signed it.
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