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Grandson trying to appropriate $190k loan from grandma via gift letters/threat

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1lohemi

Junior Member
What is the name of your state (only U.S. law)? California. I am writing on behalf of my mother Barbara.
Grandson (John, 36) persuades/obtains loan from grandmother (Barbara, 78, MMSE = 19) secretly at inappropriate time (Barbara's mother, a son and husband all died within past 2 years; her husband was buried 6 weeks prior to John having money in hand) for $190k as down payment for house. Six weeks later, without prior mention, John stops by Barbara's with a problem she can fix by signing some pre filled-out gift letters, which she does (mortgage fraud). John makes 5 monthly payments in cash, gives her the run around for couple months; loses job and can't pay; gets new job and will pay...doesn't; tells her he doesn't feel he needs to pay back as it is his mother's inheritance anyway??? Some time goes by as I contact APS, SVPD, VCAAA, DA, SVPD, VCAAA. I send Demand for Payment Letter, John responds by phone 10 days latter trying to explain why he doesn't feel he owes her anything which escalates to "I have signed gift letters that prove the money is a gift and nothing can be done about that...if you say anything to anybody you will be liable for mortgage fraud, be fined two million dollars and have your assets seized"!!! Can anyone tell me if this amounts to extortion...threat of criminal prosecution/fines if she speaks up about him taking her money? Surely there is some criminal violation here? This is Elder Financial Abuse, but need criminal (Penal Code) violation to get police interested in helping. Any assistance is greatly appreciated!
 


FlyingRon

Senior Member
You are not an attorney and should not be sending out ill-prepared legal documents on the behalf of anybody else. You are not helping her.
Further, no agency in their right mind will take action on civil issues on some non-attorney's sayso on someone else's issue.

Your only option is to get grandmother to a lawyer or other competent legal assistance. You can't third party this.

Further, this is financial abuse under PC 368. Failing to payback a loan or convincing someone to make a gift, does not meet the requirements of the statute.
 

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