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Samuel-II, Lawyer
Category: Real Estate Law
Satisfied Customers: 27009
Experience:  real estate law
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I want to thank you up front for taking the time to read and

Customer Question

I want to thank you up front for taking the time to read and reply to my question.
I will be talking for my Mother which is 82... She has a few health issues and 80% was watching grand kids from 0-5( last 5 years) so it resulted in to 3 falls which turn out not to be good.So 2 family members have diffenilty taking advatage of this as of few other things.So know mom isn't stable on her feet as good.I do have 1 brother and 2 sisters, my oldest sister deceides she is going to take care of her.My sister home is out of state.We all new it was the right thing to do? well in reality it was because 3 out of 4 had full time jobs. Everthing goes out of state, mail, bank accounts, checking account, Drs.,ect,...? Well it turn out(year later) few things went like... bank and checking accounts ect. but no forwarding of mail? Ok this where it's going to get interesting... So now we know where moms going and 2 of us are thinking we are going to have a empty house... wait a minute...My brother said he's moving in! Really we didn't know this? You have a House.Yeah but i'm going Sell it and move in fix it all up.(Interesting).Well turn's out mom paying the bills and he staying there for free since going to fix it all up. In Reality what happen he stop paying the mortage walk away and going to move in!Are you Crazy! Whatever!! Okay this is where it's going to get wild...Um the mail started coming in, I live out of state as well and have a Excavating Company.I started receviceing bill's from my oldest sister(which is taking care of my mom) you need to pay this, I said Why is it 6month's behind? How can that be? you are taking care of everything? Wait a minute this on the mortage? Foreclouser? This on my brother house,how come is it's in my Mom's name? Remeber mom is 82 and no job barely get around? How did that happen?Question my brother about it said...i couldn't get it because FHA loan and Divorce at same time so what happen mom just signed her name on the mortage.WOW!! This isn't good!! So my mind is going eveywhere on this let alone what we find next in the mail...Turn's out there is mortage deal on my mom's house...are you kidding,she had small loan 25,000 at a bank she been with for 50 years, some how she has a note a another bank ( not for sure how that happen) with new monies.(20,000). first bank paid off and new bank has of 45,000 note. so now she has a 45,000 mortage on her property.
These 2 things happened 4 years ago. Ok 1 month after she leaves home there was a modification signed on this note with my mom;s signature and notaritze. My mom wasn't present! WOW!! Ok here is what i;m wanting to know...What type of a lawyer do I need to do the following
1) Securitzation of the promissory note
2) Bloomberg finanical report
3) noterize report
4) Fraudalent signature on notes
5) preying on the elderly
I will be forever gratefull for your input on this matter and direction i need to go or first steps i need to take and is there a smoking gun on this? Thank you for your time.
Have a blessed day!
This all Happen in Wichita ks
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Samuel-II replied 2 months ago.


This is Samuel. Is your Mom competent to be making decisions such as signing or cosigning a mortgage?

Expert:  Samuel-II replied 2 months ago.

Because I suggest you consider going to court and having the court order you as guardian over your Mom. And then you will need to have a local attorney begin proceedings to have all the transactions ordered null and void. Your can also talk with the local District Attorney and discuss possible criminal charges against your brother, if he signed your Mom's name and for his what amounts to "abuse or exploitation of the elderly."

Expert:  Samuel-II replied 2 months ago.

If you can get her to agree to allowing you to be her Power of Attorney you can also go that route, as long as she is indeed competent to be making that decision.

Expert:  Samuel-II replied 2 months ago.

If she is of sound mind, she can grant a POA to anyone she wants to. But that person has a fiduciary responsibility to act within the realm of those powers, which generally are only used if your Mom is incapacitated. POA's can be done without the court being involved. A Guardianship, however, would be court ordered.

Expert:  Samuel-II replied 2 months ago.

If I've missed anything that you needed or you have other questions, please let me know here. Otherwise, a Positive rating ensures I get credit for my time.