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Ray, Lawyer
Category: Legal
Satisfied Customers: 42865
Experience:  30 years in civil, probate, real estate, elder law
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My sister owes my mother a great deal of money, and isn't

Customer Question

My sister owes my mother a great deal of money, and isn't paying the mortgage that was agreed upon, how do I get my mother out of the mortgage loan? I am now POA of my mother since my sister is literally screwing my elderly mother over
JA: When we are ready I'll take you to the appropriate web page. Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: Florida
JA: Has anything been filed or reported?
Customer: I called the police on my sister due to verbally abusing my mother. The very young officer just wanted them to reconcile. There's no going back now. I'm not sure what papers to file against my sister, I also found out in order for them to get the loan my sister forged my brothers name on a document.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm just trying to protect my mother from any more damage. I'm not in Florida so I don't know the laws. We really need for her to get out of that contract. I would love to know if we can go after her for elderly abuse.
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 1 year ago.

Can you give me more information here, is the mother on sister's mortgage or what exactly is the debt and what is it for.What is their agreement here.Some more information here please so I may help you.

Customer: replied 1 year ago.
My mother and sister are on the same mortgage. My sisters credit score wasn't high enough, my mother had an 800, plus the money for the down payment. My sister manipulated her into this loan. My sister slipped and stated that she had to forge signatures, my brother just found out, and because it was electronic she forged my mothers signature as well. My mother is retired (75) and on a fixed income. My mother was going to pay the electric, water and phone while my sister who just got a job would pay the mortgage. As off Monday she is behind 2 months. She only paid $1000.00 but still not up to date. I called the mortgage company and sent over the POA papers to be able to review the loan
Customer: replied 1 year ago.
As of Monday my sister now owes my mother $20,000. The down payment my sister charged on the credit cards, including her student loans. My sister has always tried to live higher than her means. She is verbally abusive when confronted with questions and turns everything around. She cannot prove she paid any bills and yet we just received my mothers bills and documents. I closed all my mothers credit cards down, so that she my sister cannot use them. My mother tried to "fix" my sister with her love. Its not a good situation. My mother locks herself in the bedroom. My sister is now trying to get my mother incompetent. I have a document from my mothers doctor that states she's of sound mind.
Customer: replied 1 year ago.
Are you still there?
Expert:  Ray replied 1 year ago.

You would report this to law enforcement.Forgery is a crime here. Your mother could hire a lawyer and sue the sister for breach of contract.If you are her POA you would need lawyer here in Florida to file suit and get judgment.These are your remedies in the courts and through law enforcement.Forgery here is a crime and law enforcement may also prosecute her.

Expert:  Ray replied 1 year ago.

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Expert:  Ray replied 1 year ago.

Please let me know if you have more follow up.I appreciate the chance to help.

If you can positive rate it is always much appreciated.

Customer: replied 1 year ago.
If my mother were to do a quick deed, can she get out all responsibility of that house?
Expert:  Ray replied 1 year ago.

Is she just on the title or on the note as well?

Customer: replied 1 year ago.
The note you mean loan?
Yes her name is ***** ***** title of the house and the loan.
I will probably have to pay for it she literally doesn't have any money now. Her debt is higher than what her pension is every month.
Customer: replied 1 year ago.
How do I get her out of all financial responsibility?
Expert:  Ray replied 1 year ago.

The sister would have to refinance or you sell the house.Quit claim gets her off the title but not the note.Sister would have to refinance if she wants to keep the house.It sounds like it may be headed to foreclosure here unfortunately.

Thanks for the follow up.

Customer: replied 1 year ago.
it's definitely headed that way. Thank you
Expert:  Ray replied 1 year ago.

You are so welcome.I will say a little prayer for your mom here.

Expert:  Ray replied 1 year ago.

If you can rate 5 stars it is always much appreciated.

Customer: replied 1 year ago.
May I have a name of a lawyer that can help my mother? Because there really isn't any money in the house she cannot get any money from my sister from the sale of the house. The only thing we can think of is to go to small claims court. We wanted to put a lien on the house but my mother was told she couldn't do that. Is there any assistance in Florida for the elderly? I am running out of ideas. Thank You
Expert:  Ray replied 1 year ago.

Here are legal aid contacts for the state of Florida by city.They provide pro bono legal assistance

Thanks again.