60k Fraud - but hands are tied!

[Danprado]

Hi there,

So this 35 year old man, previous record for drugs and probably small theft steals the identity of his living elderly Mother a couple of years back, finances two cars and even takes a mortgage on a property.

Total outstanding amount if around $60k.

He just filled the forms and signed everything himself, went as far as to change her address to his own apartment so she has never seen a bill or collection letter.

We just found this out, and the poor woman (a person of very modest means on a fixed income) is beyond distraught. I helped her get her credit report and it is a complete mess now.

She is afraid that is she reports the fraud her son will go to jail.

She does not have the means to pay those debts that are not hers, and no hopes of fixing her trashed credit.

I am concerned that this man has ZERO remorse and will do it again.

In an ideal world, she would report the fraud (and therefore clean her credit), and the bad son would need to take responsibility for the debts with the court's "help", plus hopefully get ordered to counseling / rehab - but no jail.

I'm concerned for the lady's health should her son go to jail, the guilt would tear her up.

This is Florida, BTW. I know a real lawyer will be required at some point, but this lady can't afford anything at the moment.

Any ideas? (other than the natural anger reactions)

Thanks in advance!

 

[sugarsandgirl]

just an idea....

how about letting the financial institute where the loans were obtained from do all the legal work and lawyer costs of setting the record straight and restoring her credit thru a motion and the discovery process of prosecuting whoever filled out the fraudulent papers in the first place?

 

[Danprado]

Thanks. That would in fact be the easiest approach.

But then the bad son will lilkely end up in Jail.

 

[I AM ALWAYS LIABLE]

My response:

Under the circumstances, there's nothing that can be done. Your friend has tied her hands behind her own back with her " rope of fear." I suspect her son knew she wouldn't do anything all along, and decided to take advantage of her.

As such, and because of her fear of sending her son to prison for the fraud, she'll just have to suffer the "slings and arrows of outrageous misfortune."

IAAL

 

[Danprado]

Thanks IAAL,

Unfortunately what you say sounds all too true.

I wonder though: if this was reported to the creditors, would they not do the minimum necessary to cut their looses (e.g.: repo the cars & property) and call it quits?

It would seem creditors would not spend further $$ pursuing criminal charges, and if the victim doesn't either...

 

[sugarsandgirl]

I think....

I think the creditors would do that (repo car & property), but all of those things also require legal action and filing of papers and costs of their attorneys to do such a action. They would definetely want their costs in damages (attorney fee's etc).

Sometimes it's not up to the victim of whether or not they want charges pressed or not. Alot of times the state will come in and proceed in whatever way they chose.

The creditors may also be required by their laws (policy's) to disclose such a act anyway.

 

[sugarsandgirl]

or mother could possibly.......

go bankrupt since her credit is trashed anyway if she doesn't have a whole lot of liquidable assets.