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Financial elder abuse overview under California law

  • Broadcast in Legal
AttorneySteve

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Introduction

Financial elder abuse is on the rise in California.  People are living longer due to advances in science, medicine, health, fitness and nutrition.  At the same time, "seniors" (those over 65 years of age - which is still relatively "young" if you think about it) are some of the sole survivors of the "mortgage meltdown" and they are oftens the victims of financial fraud and "elder abuse."  This husband and wife podcast discusses what elder abuse is, how to spot it, and the types of legal claims we handle as a California financial elder abuse law firm.

Common perpetrators of financial elder abuse 

1.  Attorneys (these professionals are in a position of "trust" and "confidence" and can unduly influence, coerce,  misinform and cause seniors to make very bad financial decisions that can affect real estate, and stock portfolios).  Attorney malpractice is another common claim in this area.  We have seen "counseling" that has resulted in the loss of substantial equity in residential and commercial real estate estate.

2.  Car dealerships (Car dealerships can try to "steal your trade" or engage in "bait and swtich advertising" or sock you away in a car loan that

3.  Friends

4. Insurance

5. Family (kids who see their parents as easy targets).  

6.  Mortgage brokers (lenders and loan officers can sock a senior away - and take exorbitant loan fees - to steer an elder into an unconscionable predatory loan (ex. a negative amrotization or "option arm loan") or fail to advise as to the advisability (or non-advisablity) of a reverse mortgage.  These fees can be "taken" in bad faith resulting in serious daamges to an elder.

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