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