Question:

Should I sue my family member or the mortage broker for fraud ?

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In 2004 I leased my home to my brother for $2000 a month which included utilities and he signed a lease. After 7 months of not paying his rent I asked him to move so that I could sell the home. He asked me if he could buy the home, I said yes. In the lease agreement the purchase price was $200k. he was living with me initially because he was goind through a divorce and was broke from the divorce. He had also lost his previous home due to the divorce.

We contacted a mortage broker, forged my signature on a contract for deed, The mortage broker make up false bank statements, false divorce documents and false rental payments. He was approved for the loan as a result of the false documents I did not find out that he forged my signature on a contract for deed ahd stated in the CFD that he had paid me $20,000 as a down payment and more than $24k in rent. I only saw some of the documents at the close and when my check was more than $50k short I contacted my attorney and contact the tital company explaing that these were not my signatures and I never signed a contact for deed. The title company told me it was between me and the mortage company. My attorney told me that if I pursued it my brother would go to jail. When I confronted my brother the threaten me and told me if I did'nt close on the house and take the check he would hurt me. I was at my wits end, he had rented my home with all my furnuture and had everything I owned and now my home. He claims that he did not know what the mortage broker was doing and just signed what she told him tooo. It's been 4 years now and I don't know what to do. he still owes me $26,000 in back rent plus $50,000 for the diffference on the house. Do I sue the mortage broker or do I sue my brother or do I sue both. Where should I start.

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  1. Why would you sell someone your home when they couldn't even pay their rent to you?


  2. Yes you probably will end up suing them both (though proving what the mortgage broker did may be tough, since your brother apparently signed all this stuff - by the way, how do you know the mortgage broker lied, maybe your brother lied to the mortgage broker).  

    This is a very rare question, where the asker has already consulted with a lawyer, but when you did this the lawyer said your brother would go to jail (duh - he is clearly guilty of forgery and fraud, among other things).   Well, your brother may well go to jail but why did that stop you before.  He did some very illegal things and its cost you alot of money, and now you are going to have to pursue him for these things to get you money back.  Of course that may send him to jail, but thats the risk he took when he did these illegal things.  So, go back to that former lawyer (or find a new one if you didn't like that one) and pursue him over this stuff.

    If you can prove what he has done you should be able to reverse the sale.  You may never get your money back (if he has no money how is he going to pay you back) but at least you can get your house back and try selling it again.

    By the way, if you do nothing for a few more years the statue of limitations on this will lapse and you will lost the right to sue them, so you'd better act now.  If fact, possibly the statute has already lapsed for some of this stuff, but 4 years probably isn't long enough.

  3. Sue every one involved, if it is not your signature the contract is voided. The title company would be where I would start first, they are regulated by the Federal government check out www.sec.gov . then I would contact the local sheriff.

    If your brother could not pay rent he surely can not pay the mortgage payments

  4. I just find the story to be too incredulous. No one can be this dumb.  

  5. You start at the same place where your attorney left you four years ago.  You will need to sue both your brother AND the mortgage firm, since it appears that both were complicit in this forgery/fraud scheme.

    Yes, your brother may well end up serving jail time.  I have no idea why you have waited four years to bring this forward.  Whether or not your brother threatened you, the time to take legal action was four years ago.

    Now get an attorney and get going on pursuing this situation.  If you elect to not pursue it, then you will simply lose the $76,000 you are complaining about.

  6. Are you stupid? You didn't call the police four years ago? Throw the bustard in jail!!

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