Do I have any other options here? Sister conned my dad into buying a trailer and has stopped making payments.

[floridafam]

About a year ago, I found out that my sister and her husband conned my dad into buying a trailer for them. He is in the early stages of mild dementia and I"m sure he didn't fully know what he was doing. The loan is in his name only and this issue has caused a tremendous amount of stress in my family. They have stopped making payments. Do I have any other options besides calling and voluntarily surrendering the trailer? They will sell it at auction and he will be on the hook for the difference. He doesn't have the money for the payments, either. He lives off social security and a small VA disability check. He had a stroke last month and we are looking at moving him out of his house. It's such a mess and I likely will never speak to my sister again. I'm trying to think of what else I could possibly do before I make the dreaded phone call.

 

[sam_gordon]

About a year ago, I found out that my sister and her husband conned my dad into buying a trailer for them. He is in the early stages of mild dementia and I"m sure he didn't fully know what he was doing. The loan is in his name only and this issue has caused a tremendous amount of stress in my family. They have stopped making payments. Do I have any other options besides calling and voluntarily surrendering the trailer? They will sell it at auction and he will be on the hook for the difference. He doesn't have the money for the payments, either. He lives off social security and a small VA disability check. He had a stroke last month and we are looking at moving him out of his house. It's such a mess and I likely will never speak to my sister again. I'm trying to think of what else I could possibly do before I make the dreaded phone call.

I've got no definite suggestions but wanted to wish you luck.

I'm not sure if getting a POA would help and then maybe freeze his credit?

 

[floridafam]

I do have POA and I have a freeze on his credit. I feel like I’ve done everything I can do. They bought this online and I don’t even know if the salesperson actually talked to my dad. I wa able to cancel the $3400 service contract they purchased and had that applied to the loan but that was six months ago and was really a bandaid on a gaping wound. This was all done behind my back. I honestly don’t know how they pulled it off.

 

[gmi3804]

About a year ago, I found out that my sister and her husband conned my dad into buying a trailer for them. He is in the early stages of mild dementia and I"m sure he didn't fully know what he was doing. The loan is in his name only and this issue has caused a tremendous amount of stress in my family. They have stopped making payments. Do I have any other options besides calling and voluntarily surrendering the trailer? They will sell it at auction and he will be on the hook for the difference. He doesn't have the money for the payments, either. He lives off social security and a small VA disability check. He had a stroke last month and we are looking at moving him out of his house. It's such a mess and I likely will never speak to my sister again. I'm trying to think of what else I could possibly do before I make the dreaded phone call.

Likely no legal recourse. It's probably best to call the lender and explain the situation, as they'll want to work with you. They might agree to foreclose/short sale (he won't have to come up with the balance), but it'll affect his credit, which he might not need anymore. They'll want to nip this in the bud.

Speak with an attorney. There are public consumer protection groups who you can consult with. They might even be able to investigate your sister's fraud. Good luck.

 

[easyas123]

Are we talking about a house trailer that your sister is currently living in?
Is there lot rent to be considered? Is she paying that?
My take on it is to let the bank/loan folks take the trailer and your sister be damned. I am very sorry you have to deal with such a difficult family situation like that at a time when you want to be concentrating on your father & his needs.
Do you have a POA for your father?
Honestly at this point I'm not sure what the creditors will expect to be able to get from a elderly gentlemen w/ simple means who has such health issues, so that may be to your benefit. You could call whomever holds the loan, but unless you have a POA they probably won't talk to you.
I think, if I were in your position, I wouldn't worry so much over the trailer and the loan but instead just concentrate on getting your father into a car facility since you aren't sure he can be living on his own anymore. Let the chips fall where they will w/ the loan. They can't get blood from a stone...

 

[Luv Bunnies]

Have you thought about contacting an elder advocacy group in your area? It sounds like your sister basically took advantage of dad having dementia and put him in a bad financial position. This can be considered elder abuse. Perhaps an advocate can suggest solutions that don't require your dad to be on the hook for anything further.

 

[TiggerTrigger]

I would classify this as Elder Fraud/Abuse. Specifically, financial exploitation by relatives. It's sadly very common and increases exponentially when dementia enters the mix. There are some legal resources out there that might be of some help to you and your dad. AARP has some numbers on their website, such as the US Dept Justic National Elder Fraud Hotline- 833-372-8311. Many states also have services as well that you could find under your state Attorney General's pages. You should also contact the VA, as they often have resources as well that are strictly for Veterans.

 

[floridafam]

Are we talking about a house trailer that your sister is currently living in?
Is there lot rent to be considered? Is she paying that?
My take on it is to let the bank/loan folks take the trailer and your sister be damned. I am very sorry you have to deal with such a difficult family situation like that at a time when you want to be concentrating on your father & his needs.
Do you have a POA for your father?
Honestly at this point I'm not sure what the creditors will expect to be able to get from a elderly gentlemen w/ simple means who has such health issues, so that may be to your benefit. You could call whomever holds the loan, but unless you have a POA they probably won't talk to you.
I think, if I were in your position, I wouldn't worry so much over the trailer and the loan but instead just concentrate on getting your father into a car facility since you aren't sure he can be living on his own anymore. Let the chips fall where they will w/ the loan. They can't get blood from a stone...

It's a travel trailer for camping. Sorry. I should have been more clear.

 

[Marrila]

I do have POA and I have a freeze on his credit. I feel like I’ve done everything I can do. They bought this online and I don’t even know if the salesperson actually talked to my dad. I wa able to cancel the $3400 service contract they purchased and had that applied to the loan but that was six months ago and was really a bandaid on a gaping wound. This was all done behind my back. I honestly don’t know how they pulled it off.

Could you make an appointment with an attorney who works with elder issues?
They might be able to help steer you in the right direction faster to protect your Dad.

 

[barkley]

call adult protective services in the area your dad lives to protect him from anything further, any fallout from this. was the p.o.a. in effect when he signed on for this-if so you may have an out but you would have to get legal advise (i know that with the p.o.a. i have for my disabled son he cannot legally enter into a contract and if he did it would be null and void).

 

[Mackenzie Click-Mickelson]

This seems similar to what happened with my grandmother although she did not have dementia. One of my aunts was forever calling my grandma to get money for this and that even going so far as to lie about utility cut off/turn back on and got my grandmother to pay via her CC her past due balance. It was estimated that when my grandmother had passed away roughly $30K over time had been given to this aunt for various woes from car troubles, to rent, to mortgage to utilities to just random spending money. It only stopped when they took over financial POA and no longer had the cards in my grandmother's possession so whenever my aunt would call my grandmother just didn't have the cards in her possession to give out the information (and in her advanced age was not writing that information down).

I agree with getting legal advice tailored to issues with financial abuses on the elderly. I'm not sure what recourse you have either. I know they do repo camper trailers just like other items but I'm not sure just how long that process can take and how complicated it can get if people are using it as a residence or if it's located out of the area during the process. I'm also not certain if it would be better in the long run to just let it be repo'd as opposed to voluntarily dropping it off since your sibling is the one it was intended for but that's a great question for someone with more legal knowledge.

 

[jtopp]

I hope you have been able to seek legal and medical help for your dad, as his condition is only going to get worse and you need help to deal with it. i hesitate to offer legal advice on the loan or how to help your dad, and it sounds as if your sister is avoiding the issue. I don't know if bankruptcy would help, but might be an option. Is the title in his name, if so he can reclaim it. I know in my area the resale costs of a trailer are high, so perhaps he can recover some of his losses that way. Good luck.

 

[CdnCarrie]

Didn't you post this about this a few months ago?

ETA - yes you did. So nothing has changed? No update?

https://www.disboards.com/threads/any-hope-of-canceling-a-rv-service-contract.3906374/#post-64534057

 

[Mackenzie Click-Mickelson]

call adult protective services in the area your dad lives to protect him from anything further, any fallout from this. was the p.o.a. in effect when he signed on for this-if so you may have an out but you would have to get legal advise (i know that with the p.o.a. i have for my disabled son he cannot legally enter into a contract and if he did it would be null and void).

It might also depend on what power of attorney it was.

For my autistic aunt it was always both medical and financial and just transferred from one member of the family to another when the time came.

For my grandmother it was financial POA first then medical was added.

For my husband's grandmother it was medical first then financial was added later on (although an account with both my mother-in-law and her mom's name was opened before financial POA was done there were other accounts, dividends, stocks and daily expenditures covered with the POA added later).

 

[floridafam]

Didn't you post this about this a few months ago?

ETA - yes you did. So nothing has changed? No update?

https://www.disboards.com/threads/any-hope-of-canceling-a-rv-service-contract.3906374/#post-64534057

It was a different question on the same issue. I have done so much to help my dad and they were making the payments off and on for a while. I have a family to take care of, including a special needs child, a husband that works day and night and I’ve arranged countless medical appts for my dad, help in the home, made sure his basic needs were being addressed, sat in via phone on appts at the VA, etc. It’s reached the stage I knew it would eventually reach, which is unfortunate. How does my post from last year change anything?

 

[floridafam]

I have spoken with an attorney and she advised we really couldn’t pursue anything because my dad’s mental status at the time was disputable. He refuses to acknowledge that what he did was a mistake. The stress is almost unbearable at times. He will likely have to surrender it, it will be sold at auction, he will be on the hook for the difference, and it will have to be paid out of his estate when he passes away.

 

[Marrila]

I have spoken with an attorney and she advised we really couldn’t pursue anything because my dad’s mental status at the time was disputable. He refuses to acknowledge that what he did was a mistake. The stress is almost unbearable at times. He will likely have to surrender it, it will be sold at auction, he will be on the hook for the difference, and it will have to be paid out of his estate when he passes away.

Was she an attorney that specializes in elder issues? Did she have any recommendations about protecting your Dad now and in the future?

 

[floridafam]

Was she an attorney that specializes in elder issues? Did she have any recommendations about protecting your Dad now and in the future?

Yes. Unfortunately, this issue took place last year and I am trying to clean up his mess. It is very difficult to help a person who doesn't want help or doesn't think they need help. He gets meals on wheels, but doesn't like most of what they serve. He got free hearing aids from the VA but won't wear them. He is going to be getting help in the home with showering and cleaning but if he doesn't like the nurse, then he will say "I don't want her here again." It is maddening but I am persistent. I just can't completely pause all of my own obligations. I now have things in place to protect him but this is not something that I can.

 

[tvguy]

I would turn in the trailer to the bank. At this point of his life your dad doesn't need to worry about his credit. Although I am curious how he qualified for a loan for something he didn't have the money for.

 

[LuvOrlando]

First, people just totally rot & the older I get the more true I know this to be.

I wouldn't even contact the lenders, they will just reposes the trailer and if you put your neck out they will resort to harassing you as a thing to grab. At the end of the day the Gov will probably just take everything anyway so while it may grind your gears to see your sister take advantage, if your Dad is ok with things I would say to let it go. You did what you could & your conscience should be clear. There is probably nothing for you to clean up that won't right itself on its own once he goes into a home.

I would say bury the hatchet, if there are things of your dads you might like as a memento you should probably collect them now before your sister takes all there is to take