Re: deceased father-inlaw

Posted by Keyser Soze (205.188.209.12) on March 02, 2003 at 14:52:02:

In Reply to: deceased father-inlaw posted by FLman on March 02, 2003 at 13:42:09:

Fleet Bank can go take its greaszy little claws off of your mother-in-law and go straight to hell. Social Security income of any sort is exempt from garnishment in the State of Florida. Regardless of the value of the condo, fifty thousand or fifty million, it cannot be touched. Period. This is not state law, it is the Florida State Constitution and that trumps even the little avaricious swine from Fleet enema bank. There's an old joke about fellow bankers calling the departed prez, Terrence Murray, the 'rear admiral'. This hails from about twenty years ago. More importantly, when CEO Murray departed a couple of years back, he urged his minions to 'get judgements' against defaulted Fleet credit card holders. But filing suits is costly, and these bugs like money to flow inward, not out. You let them know you mean business by filing FTC complaints as well as complaints with FL Dept AG and/or Banking, and they may well back off.
The mortgage on the condo makes it a secured asset. Even if it weren't protected by the Homestead provision, the mortgage protects it. The insurance cannot be touched.
You say that your father-in-law had no assets in his name only. Do you mean that he had stocks, CD's, bonds on both names? The bank might go after those, if they find them via asset search.
If that is the case, depending upon the value of the stocks etc, you might form a limited liability partnership. This beats the fraudulent transfer of assets statute and has a poison pill provision for any too-clever-by-half lawyer who tries to attach himself to the partnership. He becomes liable for his share of the taxes. And you just had a very profitable year.
Now, the critical element here is the need to file FTC complaints. Telling an elderly woman in Florida that she will go to jail if she doesn't pay debts for which she has no obligation to pay is several times over illegal. It might constitute exploitation of the elderly, under FL statute XLVI - Chap. 825.101 - 825.103. Talk to the police about this. Your mother-in-law is not responsible for these debts, she was told she would go to jail for debts not of her creation. This is federal violation with FTC, and it may be a criminal offense in the state.
Wouldn't it be nice to see some of these little punks from the CA's enjoy a nice shower - in the joint.
If your mother-in-law is scared to death, that is serious. People die from fright. And they often present symptoms of distress well prior to their end. Immediately call her doctor and document the fear, distress, have him note any and all somatic and emotional presenting conditions. This is serious and it seems to be something of a pattern in the offing. (See postings for FEB 27 - 28 from "Patience") - same treatment of elderly person.
Smash these bugs back into the gutter in which they were whelped. Tell the doctor, the police, the FTC, and the FL AG & Banking depts. And keep in touch, we are all ready to help in any way we might. And yes, we feel for you and your mother-in-law as well. There is no justification for treating anyone in this cruel, destructive manner, let alone for a few sheckles.
Fleet Bank is doing just fine, thank you very much, they don't need to threaten the elderly with prison - an impossibility - for debts not their own. Disgusting, yet tediously typical.
Keyser Soze

"He became something of a legend, a spook story
parents would tell their kids: " Rat out your
pop, and Keyser Soze will get you."

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