How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 34180
Experience:  Attorney and Real Estate broker -- Retired (mostly)
10097515
Type Your Real Estate Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

I have to sue someone over a real property. I want to prove

Resolved Question:

I have to sue someone over a real property. I want to prove that she is involved in a shrot sale fraud even if that matter is not related to my interest directly. She sold a property by short sale to a corporation whose agent is her employee. The employee is also the agent of her business which is another corporation. It looks like her employee is paid high enough to pay for the short-sold house. Even if it looks like no problem at all, I know the actual owner of both business and house is her. The short sale is all made up and as far as I know, that is a mortgage fraud. Is there any way I can prove that?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.
Hello,

If the lender on the short sale approved the sale without disclosure that the seller was effectively selling the property to herself, then that would be, among other things, federal bank fraud (18 U.S.C. 1344) -- which is a serious federal felony offense.

If you are not directly damaged by this sale, then there is only one legal action that you can bring. It is called a "qui tam" action, and it is brought in order to vindicate a damaging fraud against the United States or one of its many agencies or officers. In the case of a short sale, the damage is that the lender must have received less in the transaction than would have been the case if the sale had been a true open market transaction.

The difficulty with a qui tam action is that where a person sues on behalf of the United States, the person who sues must either be a lawyer or must hire a lawyer. The reason is because the real plaintiff is the USA, and only a licensed attorney can represent a nonhuman entity, such as the federal government.

Qui Tam actions are complicated lawsuits. Most people simply "blow the whistle" and report the matter to the government for investigation. Regardless, if you would like to learn about the qui tam lawsuit, then here is a comprehensive discussion from the Congressional Research Service.

Please let me know if I can be of further assistance.
Customer: replied 1 year ago.

I do not want to sue her for the short sale, I just want to prove that she is that kind of person in case her moral issue is discussed in the court. So my question is is there any way that I can prove that even if all the documents look like she is not involved?

Customer: replied 1 year ago.

Relist: Answer came too late.

Expert:  socrateaser replied 1 year ago.

My apologies for the delay, but I was helping someone else, and it took longer than I expected.

You could contact the Secretary of State and request a copy of the business' articles of incorporation/registration. It may indicate that the seller is also the original incorporator of the business that acted as the buyer.

That's about all you could do for proof. Other than that, you can contact the lender and offer your belief that the seller and buyer are the same. You can also contact the FBI and report the matter. After that, you would have to just step aside and let the government conduct its investigations. You cannot force the government to prosecute the seller.

That's really all you can do. Please let me know if I can be of further assistance.

socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 34180
Experience: Attorney and Real Estate broker -- Retired (mostly)
socrateaser and other Real Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.