Hello and thanks for asking your question. My name is XXXXX XXXXX X will be assisting you. There are essentially two separate legal issues here. The first is that the lender is not being paid. The second is whether grandson has been breaching his fiduciary duties under the POA by failing to make the payments. You can't really use grandson's failure to make payments as a defense to the Foreclosure - the botXXXXX XXXXXne in the foreclosure case is that lender is not being paid. Under these circumstances, the lender is entitled to pursue payment, through foreclosure or otherwise.

The first step would be to file an "answer" in the foreclosure case on behalf of mother during the time provided for in the summons. That would prevent a default from being entered against mother. Once that is done, it would be important to negotiate with the lender to see if this issue can be resolved. For example, does mother have money available (that you can get from grandson) to get caught up on the Loan? If so, that could be one potential resolution. If mother does not have the money to make payments, keep in mind that grandson (as the POA) has the right to make the decision to stop paying if there are insufficient funds to do so and he needs the limited money to support mother in other ways.

Not a simple matter, but each of the two issues must be addressed separately.

Thanks for the reply and the follow up questions. Someone needs to respond to the suit on behalf of mother. It needs to be someone with the authority to do so. At this point, if mother is competent, she can file an answer. Otherwise, the POA grandson would need to respond on her behalf or hire an attorney to do so.