Hello, Different contributor here. Please permit me to assist. You asked: Is a contract illegal:1. If the Genesis/Morgan contract requires one of the parties to the contract to breach a preexisting contract with a third party (Kothmann). A: "A contract to do a thing which cannot be performed without violation of the law" violates public policy
and is void. See Lewis v. Davis, 145 Tex. 468, 199 S.W.2d 146, 148-49 (1947) You allege that the subject matter of the G/M contract is to breach a contract with a third party. This is not illegal., because illegality with reference to a contract generally implies a violation of criminal law (where the illegal act appears on the face of the contract; see Lewis v. Davis, 145 Tex. 468, 199 S.W.2d 146.). However, the alleged act may be a common law tort, committed by the party who is not in privity of contract with the third party, who is attempting to induce the party in privity to breach their contract.The elements of intentional interference with the contract are: "(1) the existence of a contract subject to interference; (2) a willful and intentional act of interference; (3) the act was the proximate cause of the plaintiff's damage; and (4) actual damage or loss occurred." Holloway v. Skinner, 898 S.W.2d 793, 795-96 (Tex.1995) 2. If the Genesis/Morgan contract requires one of the parties of the contract to commit fraud against a third party (Kothmann). A: Since it is possible to commit criminal fraud under Texas law, this alleged conduct may be illegal, which would void the contract. "Under section 32.46, "the `forbidden conduct' is deception" and deceptive conduct "must be perpetrated with the specific `intent to defraud or harm any person'"); In re EP, 185 SW 3d 908, 912 (Tex. App. 2006), citing Dodson v. State, No. 04-96-00427-CR, 1997 WL 136500, at **1-2, 1997 Tex.App. LEXIS 1450, at *4-*6 (Tex. App.-San Antonio Mar. 26, 1997, no pet.) (not designated for publication). 3. If the Genesis/Morgan contract is secured by a mortgage on the same property already mortgaged to a third party (Kothmann). A: By itself, there is nothing illegal about multiple liens recorded against real property. The underlying issue in all of your questions, is whether or not the intent of the parties who you allege have injured, you intended to deceive you in a manner that either damages you financially, or operates to deprive you of your property rights. And, by property rights, I mean any property -- whether money or real estate. Note: you have alleged some very unique and specific facts, which, in order to fully evaluate, would likely require consideration of many other facts that you have not disclosed. Such analysis is far beyond the scope of services that can be performed in this forum. In order to go beyond the analysis that I have provided here, we would have to take this matter offline and formalize an attorney-client relationship. Most Justanswer customers are interested in a cost-effective, quick, and conclusory answer to their questions. If you are looking for something more substantive, I will be happy to assist you further -- however, please understand that this sort of assistance comes with the customary legal services fees that most people are unwilling or unable to pay. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!