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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
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Experience:  25 years experience practicing attorney
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My husbands daughter and her fiance asked my husband for $20,000

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My husband's daughter and her fiance asked my husband for $20,000 for a down payment on a house. He gave it to them. His daughter then called back and said they would be unable to meet the estimated mortage payment unless they put down 40% so they needed another $25,000 and a letter from him stating that it was a gift that did not require repayment. She promised that the letter was just a formality and that they would pay him back with a few hundred dollars each month. My husband got a 2nd mortgage on his home, gave them the money and the requested letter. They made the promised payments for about a year, then stopped. My husband recently found out that they only put down $20,000 on the house and spent the other $25,000. Does this situation qualify as larceny?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 7 years ago.

DearCustomer- Your husband could sue for fraud. Unless he has something in writing that they need this money for the down payment along with the letter then it will be his word against his daughter's that all of this is true. Obviously she could simply present the letter and state that it was a gift and was never needed for the down payment.


It sounds like his daughter in not very trustworthy so I am assuming she will lie rather than admit she owes the money. If your husband can prove that this money was obtained by fraudulent means he may have a chance of recovery. He will have to file the suit in NC, not FL since that is where the defendants reside and the property in question is located.


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