Consumer Fraud Gift Letter

N

No to Gift letters

New Member
Jurisdiction
Texas
when a Gift letter is present and a plaintiff chooses to sue for refund of said funds and her lawyer and the presiding Judge state that a gift letter is a real estate Document and is to be repaid but it has been stated that said item was used by a mortgage company to obtain a loan in good faith what is a persons recourse action ?
 
Person A Came with Lawsuit was person that provided Gift letter, Got Total returned to them with Judgment from court
Person B looking to understand And see if there is any action that can be done ?
 
Are you stating someone gave a letter that stated the money was given as a gift so that it could be used for a mortgage loan and not counted as future debt owed to be repaid? And then later the person giving the money sued to get repaid it? So one or both were trying to get around mortgage qualification issues?
 
No to Gift letters said:
Person A Came with Lawsuit was person that provided Gift letter, Got Total returned to them with Judgment from court
Person B looking to understand And see if there is any action that can be done ?
Click to expand...

Are you person A or person B?

At any rate, to understand the judge's decision you can look in the case file to see what he wrote about his decision. It would also help explain things if we could see what the gift letter said.

There's really no way to address your question without more details and you appear to have difficulty writing English, which also doesn't help.
 
Person A Came with Lawsuit was person that provided Gift letter, Got Total returned to them with Judgment from court
Person B looking to understand And see if there is any action that can be done ?
hrforme said:
Are you stating someone gave a letter that stated the money was given as a gift so that it could be used for a mortgage loan and not counted as future debt owed to be repaid? And then later the person giving the money sued to get repaid it? So one or both were trying to get around mortgage qualification issues?
Click to expand...
[YES again YES

Thought it was as it was presented a gift to be used towards a mortgage
Letter head stated GIFT LETTER used by mortgage company to secure loan
I was not trying to get around anything
person giving the gift I guess had other things in mind
 
So the court,/Judge ruled against the person who got the money gift? stAting that they must repay the gift?

Which person are you?
 
Let's see if I can clear this up.

Person B buys a house for 100,000 but the mortgage company will only lend 75,000. Person B doesn't have the 25,000 for a down payment. The mortgage company will also not lend the 75,000 if person B borrows the 25,000.

Person A is willing to give person B 25,000 but the mortgage company wants to make sure that it's not a loan in disguise requires person A to provide a letter attesting that it is a gift with no expectation of getting the money back.

Later on, for some reason, Person A sues person B for the 25,000 and the judge awards Person A the money back.

You have asked the following:

No to Gift letters said:
Person B looking to understand And see if there is any action that can be done ?
Click to expand...

To even begin to understand what happened we need you to tell us two things.

1 - Why did person A sue for the money back? You'll have to read the initial complaint and tell it to us word for word.

2 - When the judge awarded the money back to person A did the judge say why he ruled that way? The judge would have had to have said or written something about justifying his decision.

As to what can be done. Person B can file an appeal but there is a deadline to do that. What was the date of the judgment?
 
The "IDDI" (I didn't do it) defense or its cousin, the "IDKWIW" (I didn't know what it was) defense.

Rarely effective......
 

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