Here is what I would suggest as a possible solution.
Your mother can approach the boyfriend with a proposal to payoff the loan for him - which will help them both - if he will sign a promissory note agreeing to make payments to her with interest, and provide for attorney's fees if he is in breach. The promissory note will be very useful to her if he ever fails to pay her back.
Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts. All answers are based on Massachusetts law and the limited facts presented by the questioner. All answers are provided to the general public for educational purposes only and no attorney-client relationship is formed by providing an answer to a question. To schedule a consultation with a lawyer, and obtain advice and review of your specific legal issue, please call us today at 617-357-4898 or visit us at www.vaughnmartel.com.
She can pay it off at any time. At this point, she is being a good mother to her daughter and trying to be supportive obviously, but legally she can pay it off, demand payment from the BF and sue him if he doesn't pay.
Just remember: the fact that you have a legal right or abilty to do something is never, standing alone, a good reason to do it. Remember Solomon and the infant, and always try to work through these issues before choosing the "nuclear" option of litigation, which will likely damage her relationship with her daughter and end her relationship with her daughter's BF.
Both attorneys have given excellent responses. I like the promissory note idea because you could collect atty fees if you had to sue.
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