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I financed someone with a promissory note and the agreement…

Customer Question
I financed someone with...

I financed someone with a promissory note and the agreement went into default. I then found out the contract that was recorded with the county recorder was different from the one I signed

Lawyer's Assistant: In what state did this occur?

California

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Submitted: 8 months ago.Category: Criminal Law
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Answered in 1 minute by:
9/26/2017
Criminal Lawyer: Ely, Counselor at Law replied 8 months ago
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 103,549
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

I am sorry to hear about this situation. Please tell me:

1) Who recorded the contract - you or the other party?

2) How exactly is it different?

3) How was the switch made? By whom? On purpose or by accident?

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Customer reply replied 8 months ago
1) the other party
2) it was financed by 4 people and we all signed the document but now it is in default we want to sue and found out the names of the financier is another corporation. He says we can still file for default using that company but how come we are not informed? Is this not fraud? Can we get extra compensation?
3) The borrower claims because we had wiring issues. We transfered the money to that corporation to purchase a building. So he says since they money sent to buy the building was through the corporation the promissory note was changed to the corporation. Does it even make sense?
Customer reply replied 8 months ago
you can see the two notes are different
Criminal Lawyer: Ely, Counselor at Law replied 8 months ago

Thank you.

1) The valid contract controls. The issue here simply becomes determining what the valid contract is. Along with a standard breach of contract claim, one may wish to file for declaratory judgment under California Code of Civil Procedure Sections 1060 et seq. This asks the Court to decide what rights/duties exist under a contract, and the validity of a contract.

2) Both the breach of contract and declaratory judgment claim may be brought in ONE complaint.

3) Once the court agrees that the recorded contract is invalid, the matter should fall back unto the original, valid contract.

4) You may get punitive damages if you can prove by clear and convincing evidence that the person who changed the contract before recording it engaged in that conduct with malice, oppression, or fraud.

5) The wiring issues - if false - simply do not apply.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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Customer reply replied 8 months ago
if I sue for default, I cannot sue for the 5 years profit sharing correct? I can only sue for late payment and default penalty?
Criminal Lawyer: Ely, Counselor at Law replied 8 months ago

My apologies for the wait; I was offline when you had responded.

So if I sue for default, I cannot sue for the 5 years profit sharing correct? I can only sue for late payment and default penalty?

Well, that depends on the situation. You can sue whatever the contract says you can sue for. If the contract is silent on what you can sue for, then by default, one can sue for whatever the loss sustained was by the breach of contract.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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