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Need Advice. How much trouble is she in?

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R

raja

Guest
What is the name of your state? Massachusetts
I think my friend is in trouble legally. I just am concerned as to how much trouble. She left a lucretive job to care for her elderly mother in the beginning stages of Alzheimer's disease. She took out all her savings and retirement and moved to Florida from NY. Her mom had a pension from a foreign country. My friend used all her savings to purchase a small home, and lived on mom's pension while taking care of her 24/7. The pension was not enough to live on, so she asked her son to move in and help out which he did. Her mom was not getting the best care in Florida when the Alz. progressed, and my friend decided to move up with me in Mass and place her mom in a home care facility. She paid for this out of mom's pension while Son paid the mortgage on the Florida house. Here is the legal dilemma. Her mom passed away 6 months after moving up here. She was still receiving her foreign pension. My friend was devastated and had no imcome with which to pay her mortgage or any rent. Son wanted to move out and in with girlfriend. He didn't want responsibility of house. My friend didnt know what to do, and kept depositing her mother's pension checks for about 6 months while she looked for a job. As soon as she found one she stopped cashing checks. We never heard anything from the bank until recently. They now are asking for the 6 months of checks to be returned. My friend is currently under employed and is having a hard time making ends meet. She went back to Florida to sell her house and can't find work to support herself. the house is not selling. My friend is afraid to contact the bank as she can't repay what she used. Does she have any other options? Can criminal charges be filed? HELP!!!
and Thank you for listening.
 


stephenk

Senior Member
You are right, your friend is in big trouble. She essentially committed a fraud by accepting the money after her mom died. The bank and/or pension fund wants their money back.

I suggest she contact an attorney and try to reach a settlement to work out some kind of payment schedule.

Criminal charges could be filed, so tell your friend not to hide from the problem but face it head on.

Why can't she sell the Florida house and pay the bank from the proceeds?
 
R

raja

Guest
Thanks, you told me just what I thought. She cant sell the house because it is in a resort community and should be in walk in condition which it is not. She will not get enough out of the proceeds to pay back the money as there is little equity/resale value in it. It is a manufactured home in a residential gated community.
 

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