Q: Elder financial fraud: Uncle was coerced into signing for a car loan.
Elder uncle Carlos' granddaughter, coerced him into signing an auto loan while he was in severe pain and not in his right mind at the time. Her name was not added to the loan, but she took possession of the vehicle. Carlos' credit is pristine, but financially does not qualify for any car loan as his only source of income is his social security, which is less than $600\month. Karla has not paid a single payment, nor has she purchase auto insurance. Once Carlos' pain subsided, he realized what had happened and asked a friends/relatives to assist him retrieve the car, which he now has possession, and now needs to return it to the lender. The lender refuses to accept the vehicle, and advised if they do take it back, Carlos will be liable for fees of almost $10,000. Dealership should be liable too as Carlos did not qualify for a loan and they were more interested in meeting a quota and/or the commission.
A: Financial Elder abuse is found under Welfare and Institutions Code Section 15610.30, et seq. It is unclear from your description, but it sounds like Karla used your uncle, Carlos, to obtain a car from a dealership, then Karla took the vehicle and did not pay the monthly loan, but rather Carlos was stuck with the bill. Regarding return of the vehicle, I would first look to the terms of the loan to see what is possible. It is also unclear whether you are contemplating a lawsuit against the dealership alone, or just Karla. You should speak to an attorney to get clarity on what you are trying to accomplish and the best way about accomplishing that.
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