Summary
In this case, a fraudulent property transfer may have occurred due to misrepresentation and breach of fiduciary duty. The user was deceived into signing over property under false pretenses, believing it was to assign mortgage payments. Key evidence includes a $10,000 invoice, tax returns, and a divorce decree. The user is advised to submit the divorce decree as new evidence in a reconsideration motion, highlighting the lack of intent to take a loan. Consulting a lawyer specializing in family law and fraud is recommended.Full Conversation
So in my case. Probate family court orders that my exhusband pays the mothly mortgae on the property that I was being deeded in the divorce decree. He begins to have fiancial difficulty and forms aprtnership new buisness with our former financial advisor. The advisor calls me offering his services to help me. Then one day my exhusband tells me that I am to meet the advisor to sign papers so that the new buisness can pay the mortgae payments. More meetings take place. I sign a document under the promise and trust of my advisor that again it was just to assign mortgage payments. Howver he tricked me and had me sihn my deed over to his brother in law an another man and becoming the person resposible for this debt. The debt was *,*. I have the invoice from the advisor charging me a $*,* fee for services that i never got. I signed believing that I had to to save my home for myshildren -was this my consideration?
This seems like a complex case that involves potential fraud, misrepresentation, and a breach of fiduciary duty. Here are some points to consider:
- Fraud: If you were deceived into signing documents under false pretenses.
- Misrepresentation: If the advisor provided false or misleading information.
- Breach of Fiduciary Duty: If the advisor acted against your best interests.
It may be beneficial to contact a lawyer specializing in family law and fraud.
Do you have any proof of the advisor's promises or any documentation of your meetings?
Yes his $*,* invoice. My father's forbearance to a small loan that I had on the other piece of property that unkowingly i signed over to them. Yes of tax returns establishing that he was my advisor, the divorce decree staing that I wasent responsible for payments. The new partnership shares showing that he formed the partnership. In addition the mortgae states that iot was for 18 months but when thatd date came they never sent me a notice and instead secreatly compounded the interest rate for several years.
It sounds like you have a strong case involving potential fraud, misrepresentation, and breach of fiduciary duty. You should consult with a lawyer who specializes in family law and fraud as soon as possible.
Do you need help finding a lawyer in Massachusetts?
I have a case against the advisor with an attorney but i am pro se in the appeals court. When a case was filed in the superior court opposing counsel filed this case in housing court claiming the sale was valid.I notice in reviewing nmy case that my divorce decree has not been submitted to the court as evidence that I had no intention of taking out a laon . In addition I didnty work which is a violation of stae and federal laws. but rather than wait fro the ajudication on the merits of the case the opposing counsel sold the property at an illegal forclsoure. So I guess I never gave consideration beciase I was a victim of mortgae fraud. In addition I think its important that I submit a copy of my divorce decree in the upcoming reconsidertion providing new evidence. Is this right?
Yes, submitting your divorce decree could be crucial as new evidence in your reconsideration motion. It can demonstrate your lack of intent to take a loan and provide context to your financial obligations.
Have you already prepared the necessary documents for the upcoming reconsideration?
I will search for my divorce decree and file it monday. Meanwhile I will keep reviewing my case establishing the appendix . Thank you>
It sounds like you're taking the right steps. Submitting your divorce decree as new evidence can be essential in your case.
Have you already drafted your motion for reconsideration?