Do I have a case for fraud?

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Do I have a case for fraud?

I lost a case in which a judge ordered the sale of my house as per contract. In his ruling, he said he believed the buyer was committing fraud against the bank. My attorney notified the bank, but they proceeded with the mortgage. I was removed from my primary residence, but the mortgage also states that the buyer’s Mother had to make it her primary. She never did, and they have been trying to flip the house ever since. The mortgage was given to them just before the bubble burst, and the bank was warned. Do I have a case against the bank, or the buyer? The buyer’s husband is an attorney!

Asked on June 29, 2009 under Real Estate Law, New York

Answers:

Steven Malone

Answered 11 years ago | Contributor

I do not believe that you do.  The ruling of the judge controls.  That ruling could have been appealed, but the source of the purchaser's purchase money is not your concern.  You have been ordered to sell to the buyer and where the buyer gets the money is none of oyur business.


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