I'll try to keep simple.
Person A (Great credit, does not speak/read English fluently)
Person B ( Supposed to be "financial advisor")
Person A trusts person B - always the problem.
Person A signed paperwork to refinance home. ( or so they thought). Person B is helping out and takes person A to bank to finalize refinancing.
Sometime later... Person A does not hear from bank, finds out they signed paperwork for loan (only person A listed on loan), but where person B has access to money and is able to sign checks and spend the money - good percentage of loan is gone.
As I see it - Person A was scammed. But not quite ID'd theft since they signed the paperwork.
Now what? Does Person A have any legal recourse against Person B? I am open to suggestions... Thx.
2007-04-24 03:53:50 · 10 answers · asked by PAGRO 2 in Politics & Government ➔ Law Enforcement & Police
States Attorney, Attorney General, Police/Fraud Division, Lawyer, Media. Do you want me to dial them for you?.
2007-04-24 04:11:33 · answer #1 · answered by CGIV76 7 · 2⤊ 0⤋
This was a definite scam. Person A needs to report it to the local police just for the sake of having a report for their own records and the bank's, but the police will not do anything other than take the report. Person A will have to hire an attorney to sue, but if Person B is the usual loser they have already spent the money and probably have no way to pay it back. This will not end happliy for Person A, but it is all they can do. I hope they have already moved the remaining funds into a new account that Person B does not have access to.
2007-04-24 04:09:49 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Police have a Fraud Division, and filing a timely report with them and the FDIC would be critical starting points to pursue legal action.
If Person B works for a financial firm, they could be sued individually and collectively. If they work alone but advertise themselves as a financial adviser, you may sue him/her.
If the bank did not fully disclose conditions of the loan, they could be sued.
You'll need witnesses, documents, etc., and an attorney can help you with that. It won't be cheap, so it depends on the amount of money you want to recover as to whether it would be worth legal action. If you could recover punitive damages, that would make the decision easier.
2007-04-24 05:13:12 · answer #3 · answered by OrygunDuk 3 · 0⤊ 0⤋
Person A needs a good friend
Person A needs to learn english before signing paperwork in english.
Person A needs to go to the police department and make it a matter of record.
Person A neess to call their banks.
Person A needs to determine if they sign a contract, this may be a civil matter and not be a criminal matter.
2007-04-24 10:54:27 · answer #4 · answered by officer 2 · 0⤊ 0⤋
geeeeeeeeeezzz .talk about person B being unethical.. what a turd..... person A needs a good attorney, that speaks the native language of person A .then that attorney should start asking person B questions in the native language of person A to see how he or she understands the language... that's the worst case of abusing a perons trust (other than anything doing with children)... makes me so sad that people can be like that
2007-04-24 05:59:49 · answer #5 · answered by bytchy_princess 5 · 1⤊ 0⤋
permit's assume this is US regulation (or different international places that use the Uniform commercial Code. under this state of affairs, guy or woman A can attempt to get out of the mortgage by making use of between the escape clauses: disability, duress or fraud. any a variety of three could stick to to this state of affairs and could make the contract void under UCC regulations. one ought to argue for disability because of the fact the guy would possibly no longer have been bodily able to appreciate the contract. Duress could exist if the guy did understand the contract yet replaced into coersed by making use of guy or woman B. guy or woman A can attempt to instruct that the full component replaced right into a fraud (in a criminal experience), which might immediately void the contract. this would not advise that guy or woman A will for helpful win the court docket listening to - yet this is the recourse direction. "good faith" would not stick to between guy or woman A and guy or woman B in view that they did no longer have a signed contract. The contractual good faith criminal duty is from the financial enterprise to guy or woman A. Recourse lies in pushing for Civil restitution between A and B. guy or woman B has to instruct that they have criminal get admission to to guy or woman A's money. criminal could additionally be a severe-high quality component to push for from the DA, yet there is not any money in it.
2016-10-03 12:04:02 · answer #6 · answered by ? 4 · 0⤊ 0⤋
I am no expert on legal issues but I think the victim has some recourse, there should be a case based on ignorance.
2007-04-24 04:00:49 · answer #7 · answered by Anika J 2 · 0⤊ 0⤋
Good Lord, this makes me so mad I want to scream!!.. Yes, call a lawyer, contact the attorney generals office for that state and Call the main office for the FDIC..
I am so sorry this happened to this person.. Good Luck..
2007-04-24 04:02:11 · answer #8 · answered by tiny b 3 · 0⤊ 0⤋
Of course person A was scammed. But kinda hard to prove when there is a written contract with their signature at the bottom.
Leason learned...............sign NOTHING that you don't fully understand
2007-04-24 05:33:11 · answer #9 · answered by tallerfella 7 · 0⤊ 0⤋
you can try to report it to the local authorities, but I don't think anything can be done. Sorry
2007-04-24 04:02:43 · answer #10 · answered by karma 7 · 0⤊ 0⤋