View Full Version : Fraud over 5000
Kelly2004
Jun 28, 2013, 06:25 AM
We had a buyer for our home. He wrote a fraudulent cheque for 611,000. He even got into the home and changed locks. We got him out after 3 days. Can he go to jail
Kelly2004
Jun 28, 2013, 06:27 AM
This was done in Ontario Canada. Police are involved We have had to rent another home, reduce our home to quick sale and have lost thousands
excon
Jun 28, 2013, 06:29 AM
Hello K:
Sure he can go to jail.. You can sue him too, for all the good that'll do.
excon
Kelly2004
Jun 28, 2013, 06:33 AM
I know. The financial part we probably won't recover but we are the second family he has done this too. What is the jail term the prosecution can seek? We were selling privately and he came in wanting to do a cash deal, no financing. Said he and his family were living in a hotel because the previous house he tried to buy was sold from under him by his realtor which we now know he was lying.
Kelly2004
Jun 28, 2013, 06:38 AM
He actually said he was in a car accident day of closing so couldn't make it to lawyers office. He had already previously been to the lawyers offices and zoned all documents binding him to this deal. He didn't put down a deposit as he was dong a cash deal and would pay with certified cheque upon closing. He moved in on the Sunday, brought the cheque and we didn't look at the cheque until after we helped them move in. As we drove away he was changing locks. We looked at the cheque. It was certified for 611.00! We went back and said it was bank error. He then proceeded to write the 611,000 to us 3 days later and it was fradulent
excon
Jun 28, 2013, 08:03 AM
Hello again, K:
Yeah, he's a crook. Do I think he'll go to jail? No.
excon
Kelly2004
Jun 28, 2013, 08:44 AM
He must have to do some jail time. The max in Canada is 10 years. He defrauded a family out of their home.
excon
Jun 28, 2013, 08:50 AM
Hello again, K:
I agree. He's a bad guy. If I was the judge, I'd send him away. Nonetheless, I STILL don't think he'll do jail time..
Of course, I know NOTHING about his past or how that will effect his sentence... If this is the first time he's done this, he'll probably get probation and have to pay you back...
But, if he's been convicted of stuff like this time and time again, then he probably WILL see some slam time.
excon
Kelly2004
Jun 28, 2013, 08:55 AM
I hope you are right. This is the second time he has done this to a family, however the first family just moved on. We have his realtor involved in that situation speaking up. As well, he did 10 days in jail for something financial he didn't pay. Not sure of full details.
Fr_Chuck
Jun 29, 2013, 03:13 AM
Who accepts a personal check for a house closing, what was your real estate attorney thinking, any home closing will always require certified bank checks or transfers.
joypulv
Jun 29, 2013, 03:22 AM
A lot depends on how you pursue this. Have you talked to a detective or the DA's office about prosecuting? You were so unbelievably naïve that I'll bet they are all shaking their heads about it. There's a natural tendency to think 'We can't protect people who are don't do the most basic things to protect themselves.' NOBODY lets someone into a house, and helps him move in, without proof that the payment is real and sitting in your bank.
I know of a similar story here in the states. A woman who turned out to be mentally ill but who talked a good talk about all her rescue animals needing to be moved ASAP (while some inheritance or something was pending, I forget) and the real estate agent fell for it.
Kelly2004
Jun 29, 2013, 06:26 AM
who accepts a personal check for a house closing, what was your real estate attorney thinking, any home closing will always require certified bank checks or transfers.
He had said the cheque was certified but then on closing he supposedly got into a car accident and could d,over to office on the Friday. They were to move in on the Sunday. He provided the cheque in the envelope on the Sunday. We didn't look at it until we left as we were busy helping him. It was certified but only for 611.00. When we went back he embarrassed, apologetic and said it must have been a bank error and would have it cleared up on Monday. It was excuse after excuse and on the Wed our lawyer drew up a letter so we could get them out. He then provided a personal cheque for 611,000 o we gave that to the police. They confirmed it was fraudulent.
H