Legal Question in Elder Law in California

In 2005 my Mother put a reverse mortgage on her property that is in her living trust in the state of California. After a receiving a few payments they were discontinued because of repairs needed. The finance company sent a contractor that charged $14,000.00 above fair market for roof repair and refused to reinstall the skylights he removed. After the roof repair the finance company called for another inspection and added more repairs. This went on for 5 years, making reasons not to start her payments.

Finally in January 2010 all repairs were signed off but her payments never resumed. She past away in July 2011. She really was not capable to enter into such an agreement but the reason she did is she thought she would receive the payments for the rest of her life that would help relieve some of her financial stress. Instead she only received a few payments and her stress was compounded by the fiance company. This is the short version and barely touches this lenders abuse to my my mother who died at 84years partly due to the additional stress caused by this lender.

There must be a way to prevent this lender from steeling her home. they definitely did not keep their part of the agreement as my my mother knew it.


Asked on 9/19/11, 6:40 pm

1 Answer from Attorneys

I'm not sure what your question is. I am concerned, however, that you have waited much too long to do something about this, particularly if you knew about all this as it was going on, as you seem to have. There may be defenses to enforcement of the mortgage that are not dependent on being within a statute of limitations, but it would take some serious legal work to come up with an affirmative right that might be asserted at this late date, if it would be possible at all.

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Answered on 9/19/11, 7:23 pm


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