To have information prepared for an attorney to file court actions to recover my property I ask the question.

I gave my son $25,000.00 for down payment on a new home that he sold with a profit to to avoid credit hunters. Another home was purchased using his wife's name. She financed the property as a single mother, signing the agreement as a SINGLE MOTHER. I would think the single mother was used to avoid her husband having to qualify for said loan.

Did she commit fraud?

If they are still legally married, not separated, then yes, stating she was single on the loan papers was fraud.

I don't know, however, what that has to do with you. You said you "gave" your son the money. Was it a gift or a loan? If it was a gift, then what's your beef?

If she got a Conventional loan there would have been no reason for her to mis-state her marital status. She would merely have to buy the house and get the mortgage as married, but Sole and Separate. Her husband would have signed a Disclaimer Deed, meaning that he has no interest in the property. You should be able to check public records to see if this is the case. If she did in fact lie about her marital status on the purchase, then your son would have a claim on the property in case of divorce.

When your son purchased the first house, using your $25,000 "gift", you most likely had to execute a "gift letter", stating that the money is a gift, and no repayment is expected.

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Originally Posted by eugene123

To have information prepared for an attorney to file court actions to recover my property I ask the question….. I would think the single mother was used to avoid her husband having to qualify for said loan……Did she commit fraud?

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Hello eugene:

Several things about your question trouble me. 1) I, like Scott, don't see a problem if you gave them the money. Certainly, real estate is profitable. It shouldn't be surprising that they made some money. If it was a “loan”, that's what I'd call it from now on.

2) If the creditors were paid off, why would he "avoid" having to qualify? Do you think he's doing this to avoid paying you or somebody else? It doesn't make sense.

3) The term "single mother" isn't a legal term. Since that ISN'T how she signed her loan papers, I'm going to assume that you really don't know how she did. Indeed, she is allowed to own her separate property. She can qualify for a loan, and sign on her own behalf.

4) Fraud? Before there's a crime there has to be a victim. If she's made her payments, nobody (certainly not the bank), is pissed off at her except you.

I'm not saying that you aren't owed money. However, you haven't offered any evidence. And, if you don't have it for us, you probably don't have it for the court. Sure, your lawyer will take your money, but I don't think you have a case.

Maybe if you had more details to offer us...

excon

I can not get over the quick response you people give. It is appreciated. Again I confused my question. I do not want money for anything. My question is merely to question a witness when my attorney goes to court. Her and her husband are making an effort to steal property that is mine. I will be filing to void a deed they filed in Georgia which fraud was committed. My opinion they make habits to commit fraud such as applying for a loan on their house using the term Name plus As a single mother on their loan. Knowing the husband is a dead beat.

OK, So you have a copy of the loan papers where she stated she was single? Then the courtroom exchanges goes like this:

Atty: Where you married on ________?
She: Yes
Atty: I have here a document signed by you on that date stating your were single. So, is this document false?
She:...
Atty: So did you lie on this document or when you answered my first question?
She:...

The technical term here is impeaching the witness.

Quote:

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Originally Posted by eugene123

I can not get over the quick response you people give. It is appreciated. Again I confused my question. I do not want money for anything. My question is merely to question a witness when my attorney goes to court. Her and her husband are making an effort to steal property that is mine. I will be filing to void a deed they filed in Georgia which fraud was committed. My opinion they make habits to commit fraud such as applying for a loan on their house using the term Name plus As a single mother on their loan. Knowing the husband is a dead beat.

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I am lost, completely here, if you don't want money, what do you want,

you gave them money to help purchase a home, ( this money was either a gift or a loan) you have not specified which one it was.

Next you have to "want" something of value, if you were frauded out of something, you sue for that value.. If you had a lien or had part ownership of the property he sold, or if it was sold for less than market value to hide money, then there are suits to bring,

What is a quite title motion

What is a quite title moton