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    brendalynn375's Avatar
    brendalynn375 Posts: 1, Reputation: 1
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    #1

    Mar 2, 2019, 12:09 AM
    Help for mom
    My mom is 74. I have tried numerous resources to assist her, to no avail. She signed over her property to someone that claimed to be her son . Not. On feb 14. She was serves papers , Sueing her for performance and damages ,breech of contract, fraud to quiet title declatory reliel and ejectment on her own property she has has since the 90s. She is not cabable at this time to even sign for a power of attorney.. I am tryi to protect her. I called Sherrif and investigation is open , however, I need to respond to this summons so the plaintiff doesn't win by default. . I think I need to fill. A ex parte and file with surperior court. Simple stating the situation the investigation and the fact my mom is unable to speak for herself. To also allowing myself more time so I can assist
    Mother in the best way. Can you help me please.. The verbage I need to use to please the court. . 2. During the time my mom signed a contract for sale to this man for Her property. My dad was on hospice and dying. He did die during this period. Mom Is 74 years old. Extenuating circumstances and extreme pressure was used on her. On this said contract he promised to pay all her credit cards, house first. And second mortgage. So he assumed her debt. I believe I read some where that that is not legal and should make contract null and void?
    talaniman's Avatar
    talaniman Posts: 53,918, Reputation: 10852
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    #2

    Mar 2, 2019, 06:27 AM
    Your case needs to be reviewed and taken up by an estate lawyer and sounds very costly, and complicated. At least talk to one and see what can be done and what arrangements can be made. Seems urgent, and really not a task for an average person. I won't lie, I have gone into debt paying for a lawyer(s), and barely broke even after things were settled, but the alternative would have been a big disaster.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,280, Reputation: 7690
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    #3

    Mar 2, 2019, 04:35 PM
    You need an attorney, I know it can get costly but they will know the local laws.

    Your claim can be fraud, misrepresentation, the contract does not state payment price and time frame so it does not meet the statue of fraud ( not fraud like cheating, a different legal term)

    Also that your mother is not mentally capable of making her her choices at that time,

    To me, those are areas I would look at, but you need an attorney locally

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