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Otherwise, how would senior citizens be able to buy into a retirement village? Or even have credit cards?
Once your Mother sells the house, you don't need to worry about the mortgage or the equity line of credit. Unless the house is worth less than the mortgage.
My girlfriend had Wells Fargo and missed a few payments when her husband died. They would not negotiate or accept back payments, they wanted the entire principal and they knew she could not refinance. She lost the house. Heartless Bass Turds if you ask me.
Do you have your mom's bank records from 2004? If so, perhaps this money was drawn down from her checking account after she executed paperwork for a home equity line of credit. Look at her bank statements. If you don't have them, go to the bank and request them...starting in 2003 and forward.
The bank is happy to give an 87-year-old a line of credit on a paid-off home by way of a home equity loan. Is it possible your mom just doesn't remember doing it? If she has dementia now, how was she seven years ago?
Are there any other children who could have walked her through the process? Maybe even then taken the money themselves? Have you walked into a Wells Fargo branch with your information and your POA and asked for the branch manager to wrap his arms around this problem and get the information for you?
This most certainly COULD have been fraud. You're right to be on this like white on rice. I wouldn't even be able to sleep!
This wasn't identity theft, I don't think. This was someone who knew your mom and walked her through the process evidenced by the fact that her checking account is being used to pay the mortgage.
Don't be surprised, though, if your mom's been living off that home equity loan and using it to pay her bills...
Don't ever give out your personal information on a website. E.V.E.R.