Can criminal charges be filed against a person who had another pay for their debt and now reneges on the form of repayment promised (i.e. transfer of title)?

Question Details:

Sister verbally agreed that if we take over the loan, then title will be ours but now re-negs. She wants the whole thing back and not willing to give us back what we are asking for which only a portion of what we have paid. She admits (on tape) that this was a mistake and that if she gave that impression, she is sorry. We want to sue for what we have lost, given we would have had a home paid off in a few years now we have to start over but we also want to file criminal charges, i.e. fraud or something. Would we be able to get a fair amount back &what do we need to file criminal charges?

Asked 12/6/2009 under Real Estate | 348 View(s) | More Legal Topics

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James Burns / Answered 2 years ago | Contributor This attorney is licensed in California

The criminal charges will not achieve your goals in that it is only to get back at the sister. Fraud or criminal conversion may be available in your local area but it is doubtful if the police want to come out there for that when they probably have higher matters with a limited budget to attend to.

You'll need to sue her in civil court for a number of causes of action like breach of implied contract since you didn't take the time to get it in writing...let this be a lesson as family is not above putting it on paper as money matters transcend blood and have to go on paper as well.

You'll want to look for all the records of payment as you functionally have an equity interest in this property and a reasonable person would not allow that to happen unless they we're going to share it with you or allow you to take it over once you paid them their portion. There are a number of theories that work to your advantage but full examination of the situation might reveal your sister has strong counter arguments so you should get into a lawyer's office right now for a full evaluation.

Mr. Robin Mashal / Hong & Mashal, LLP Answered 2 years ago | Contributor This attorney is licensed in California

Disclaimer:  The materials provided below are informational and should not be relied upon as legal advice. 

Mr. Burns is correct.  The prosecutors rarely pursue such resitutionary matters, unless you have proof that your sister had criminal intent.  The matter you reference is mostly a civil dispute, and your best recourse is to file a civil complaint for money damages, declaratory relief, etc.  

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