Legal Question in Elder Law in California

My sister and her husband (Fuentes), had my mom & dad (Rubio's) move closer to us. Rubio's used $111,000.00 as a down payment generated from the net proceeds of the sale of their home; Fuentes used $5,000.00 as the earnest money deposit. Fuentes promised Rubio's they would help with the mortgage payments. I found out that Fuentes were on title with Rubio's as joint tenants (which Rubio's had no knowledge of). At the beginning Fuentes were making their 1/2 payment, then they made partial payments, then nothing. Mrs. Fuentes obtained checks signed by the Rubio’s to pay for their one-half of said mortgage payment to Chase Bank. Mrs. Fuentes thereafter filled out the check in her name for the total amount of the mortgage payment which is a transaction abuse. The Rubio’s put their trust in Mrs. Fuentes to make their one-half mortgage payment. My parents (Rubio's) are on a combined total income of social security of $1,495.00. The mortgage payment is $1,200.39. Thus leaving Rubio's with lack of amenities, resources that can be spent on food, personal care, and housing maintenance. Rubio's had to put food back at the market, they have no heat/air for the past 5 years. To add insult to injury, Fuentes have claimed 100% of the mortgage interest on their taxes averaging $8,000 to $9,000, despite not paying 100% of the mortgage interest. I finally obtain a real estate attorney to help with this matter. The Fuentes agreed if Rubio's obtain a loan/refi of the property to remove their names, they would agree to $5,000.00 (reimbursement of earnest money) to sign over the deed to Rubio's. Rubio's obtained a loan and Fuentes are now refusing to sign Escrow documents. My dad is 80 years old, my mom is 77 years old. There has to be something Rubio's can do at this point. Elder Financial Abuse? Are we missing something? I truly need some insight. Thank you for your time and consideration.

Asked on 4/30/17, 9:21 am

1 Answer from Attorneys

Based on the zip code you provide, this appears to be a San Bernardino County matter. You need to contact the San Bernardino County Adult Protective Services and get them involved immediately. If all you say is true and can be proved, then this seems a significant case of elder financial abuse. Here is the Adult Protective Services website:

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Answered on 5/01/17, 8:58 am

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