QUESTION

What type of Lawyer do I need and do I have a case?

Asked on Jun 01st, 2012 on Contracts - Virginia
More details to this question:
After my father had a stroke in 2004 I became his medical and general power of attorney. In 2005 he refinanced his home without my concent as a result he is suffering financial difficulty. Do I have a case against the mortgage company being that my father was not in his right frame of mind and the loan was refinanced without my concent?
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1 ANSWER

Construction Law Attorney serving Virginia Beach, VA at Wolcott Rivers Gates, Attorneys at Law
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If your father refinanced his home in 2005 and received the proceeds of the loan, I do not think you have a claim against the mortgage company.  Should the mortgage company sue him, he may a defense to some of the claim if at the time he signed the documents, he was not mentally competent.  He would still likely be ordered to repay the money that he actually received from the mortgage company, but he would not necessarily have to pay for their fees in connection with the mortgage.  The fact that you have a power of attorney does not prevent third parties from dealing with your father.  If you do not think he has the capacity to handle his affairs, you may ask a court to appoint a guardian for him, please check with a local lawyer for the details.     This answer is given in accordance with the laws of Virginia, and is based on the facts that are recited, and assumptions which may or may not be accurate. Accordingly, this response may not be relied upon and may not be applicable in any other state. It should not be relied on as legal advice, as that would require a detailed analysis of all of the facts involved in a specific case, not just the limited facts presented in the question.    
Answered on Jun 04th, 2012 at 2:08 PM

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