Follow
Share

I recently found out someone took out a car loan under my mom's name... shes bed ridden & me & my son take care of her at home per her wishes. I had this power of attorney since March, lawyer didn't say how long I have to get it done. How we found out about this was we were trying to get a copy to show her social security, it got cut in half but we couldn't continue because we need the name of the person who made the loan. So on the 7th of this month we got it notarized. My mom shouldn't stress about this. CAN SOMEONE PLEASE TELL ME IF IT'S LEGAL? So we can go to bank & soical security office.

This question has been closed for answers. Ask a New Question.
Find Care & Housing
This sounds like identity theft so I'd go to the police. They should be able to at least guide you as to what to do. Do you have the info on the car loan? Can the dealer tell you who signed her name?
Helpful Answer (0)
Report

Your document can be notarized at any time, it's to show that it's a true copy right? it is dated the day the paper is notarized.
Helpful Answer (1)
Report

two words: credit check. Regarding your mother's credit status. Loans should appear under credit report, i.e Experian, Transunion, etc. Loan opened, loan status, balance, etc. It can be sketchy though. Is your mother the primary on the loan or just the co-signer which validated the loan to be initiated, then perhaps the credit report will not show the loan, possibly. If it is no one you know, the identity theft likely. But if you suspect it is someone you may know, then my take is some form of fraud going on and requires investigation to free liability, etc. You can have POA, but if you are not on the loan and mother agreed, then hard for you personally to determine more facts without more investigation: financial, legal, perhaps. Loan number, dates/times, documents stating balance, any facts on automobile, tags, VIN, etc.

Really I don't initially understand how that impacts social security income, buy sounds like just clearing any lien issues to make sure you are aware as upcoming POA that this needs to be addressed. Notarized documents is the document. Keep copies. Scan. Verify POA filed in county, etc. Lots to do, but original notarized documents are put in place for a reason: multiple witnesses, authority. Clear up any liabilities so life is easier. Good question. More to resolve I think. Stay engaged until answers in place.
Helpful Answer (2)
Report

She didn't sign or know about this car loan she can't even get out of bed
Helpful Answer (1)
Report

Definitely fraud then, she couldn't even sign it, hope you get it cleared up soon.
Helpful Answer (0)
Report

The notarization must be dated the same date the document was executed. Logic: The notary is witnessing a signature. If the document was not executed (signed) you will be fine. If it was signed and not notarized, you may have a problem...but you can just get a fresh document from the preparer if need be.
Helpful Answer (3)
Report

All4Mom, I am confused about the Power of Attorney. You mentioned you had a Power of Attorney since March... was it signed by your Mom but never notarized? Usually the Attorney has your Mom sign in front of a Notary in his/her law office. Or did you recently have Mom signed the Power of Attorney in front of a Notary?

I see from prior postings that your siblings wanted your Mom to go into a nursing home I suppose because she needed a higher level of care. By chance does your Mom have any memory issues? I realize that sometimes young relatives will ask Grandma to help them buy a car without Grandma realizing the consequences. Just wondering.

Now, you can go into all 3 of the credit bureaus on-line and freeze your Mom's credit, so that no one else can pull up your Mom's credit report in order to purchase a large ticket items or apply for a credit card in her name.

As for your Mom's social security, I don't see how any of this plays into Social Security. In fact, liens are not allowed. Only time monies are taken from Social Security is to pay on Medicare's premiums, which is the norm. Unless changes were made to Mom's Medicare plan, like more care items added or Mom is in what is called the "donut hole". You can check with Medicare on the phone, have Mom nearby in case Mom needs to give permission for you to talk to Medicare.
Helpful Answer (1)
Report

Social Security can be attached for a few Super Creditor type debts like back taxes, child support, educational loan debt, or to pay back an overpayment of Social Security itself. SS is safe from run of the mill debts like credit cards or car loans.
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter