Seattle1
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I am seriously wondering if that jack*** thinks that because HF died, and he could no longer make his loan payment in person, as required, that he no longer had to make the payments. There is so much bizarre behavior from him, that I think it may be possible.
I'm heading in your direction...
I just keep going back to the former bank officer that gave the loan to FD friend for the real estate transaction and how involved MT was in that entire transaction for the house in Avon. In that one if I recall the bank officer was called as a witness by Family Court. FD tried to keep his hands clean in that transaction but he did involve MT with the transfer of $75,000 if I recall to his friend and frankly the entire transaction looked shady and as if he was trying to move money around to keep it away from JD. I don't think we ever got to the bottom of that case so will have to go back and take another look as it was certainly a 'red flag' raiser IMO!
Maybe the deposition will shed light on that transaction too.
No date announced yet for trial. Think the State and she are working together and she and her atty met in chambers with States atty at her last hearing. No idea if she is adding any value to States efforts or whether a deal with the State exists yet.What is the court date for MT regarding obstruction?
Its been awhile since I looked at the file documents. I recall there being something along the lines of a loan agreement but I don't recall that there was any security or collateral directly taken for each property investment. As you point out in your comment had things been structured a bit more tightly then it wouldn't have been possible for FD to continue to build when inventory wasn't selling. Now he has 6 white elephants that will probably need to take hair cuts to move. But it looks like GF has her claim supported via court order in the civil case for the amt of her claim but I'm not sure how she would be protected in bankruptcy of FORE or if trade claims keep showing up as they seem to be recently.Does anyone know if HF ever recorded a deed of trust to secure his loan?
I'm going to take a wild guess on what that transaction might have been about MOO
If FD sold the property to his employee and the employee got a loan to make the purchase everybody who participated was a winner!
FD got the net proceeds of the sale
Employee got a new house
Bank officer got a commission for booking the loan
Employee didn't have all of the funds needed for closing so the bank officer probably told them how to hide the true source of the funds in order to satisfy the lender and complete the sale. She took the fifth because she facilitated and committed fraud. MOO
Disclaimer: I have not looked at any of the recorded documents regarding property owned by FORE.
Based on GF's lawsuit, I have to wonder why HF didn't take back a deed of trust against as many properties as necessary to secure the loan/line of credit extended to FD? HF would have been paid an agreed upon amount in order to release individual lots as each property sold and he would have been paid directly by the closing agent.
GF could put him into involuntary bankruptcy. He’d have to cough up financial info. Generally, federal judiciary more powerful than state level. Trustee in the bky would be all over FD, as well.If he does this, and chooses to lie and hide money from the bankruptcy court, he will go to prison-just ask Abby Lee Miller.
GF could put him into involuntary bankruptcy. He’d have to cough up financial info. Generally, federal judiciary more powerful than state level. Trustee in the bky would be all over FD, as well.
It’s be a nightmare. FD couldn’t hire enough lawyers to protect him.
I'm sure GF would love to do this and worse. Make FD scramble for info for attorneys, freak him out about whether LE will find JD body while he's jumping through hoops protecting his assets. Maybe even make him bolt. MT doesn't strike me as someone going to worry about anyone's *advertiser censored* ets but her own.I had no idea that she could do this. But would she? How would she do this-Is it triggered by her attempt to collect all of the money he owes her?
Its been awhile since I looked at the file documents. I recall there being something along the lines of a loan agreement but I don't recall that there was any security or collateral directly taken for each property investment. As you point out in your comment had things been structured a bit more tightly then it wouldn't have been possible for FD to continue to build when inventory wasn't selling. Now he has 6 white elephants that will probably need to take hair cuts to move. But it looks like GF has her claim supported via court order in the civil case for the amt of her claim but I'm not sure how she would be protected in bankruptcy of FORE or if trade claims keep showing up as they seem to be recently.
I will repost the loan documents in the thread when I get a chance and try to go back and find the info on the shady real estate deal (my recollection is that the docs were in the Family Court file so I'm not sure we have physical copies of everything). If anyone can get the full docs on that transaction it would be super helpful!
GFs lawsuit was discussed and dissected very early on - documents that were in MSM were posted to the early threads - GF has what she needs IMO to enforce the loan agreement - I think they wished up to his ponzi scheme by this particular loan IMOThank you @afitzy. A loan agreement without a promissory note and recorded deed of trust would be difficult to enforce without having recorded the appropriate security instrument and establishing the priority of their lien. MOO
The documents to look at on the employee transaction would be the deed that put the buyer into title and the deed(s) of trust/mortgage(s) recorded concurrently in order to better understand the transaction and the lender's role. Possibly not truly an arms length transaction, but a straw sale set up to extract the equity from the property. Maybe FORE needed the cash to solve cash flow problems. MOO
One last thought: why would HF/GF pledge their home as collateral for the lavish Jefferson Crossing home? If your adult children can't qualify for a mortgage on their own, there is your first clue that they can't afford it. Why would you jeopardize your assets this way? MOO
Edited to MOO it up!
I had exactly this question when I read that GF was paying the mortgage on the mansion. Why? With that knowledge, it is indeed puzzling, but there is little to no info on GF’s financial situation. Hoping and praying she has all the financial means to launch and continue to place FD and MT in legal nightmare!Thank you @afitzy. A loan agreement without a promissory note and recorded deed of trust would be difficult to enforce without having recorded the appropriate security instrument and establishing the priority of their lien. MOO
The documents to look at on the employee transaction would be the deed that put the buyer into title and the deed(s) of trust/mortgage(s) recorded concurrently in order to better understand the transaction and the lender's role. Possibly not truly an arms length transaction, but a straw sale set up to extract the equity from the property. Maybe FORE needed the cash to solve cash flow problems. MOO
One last thought: why would HF/GF pledge their home as collateral for the lavish Jefferson Crossing home? If your adult children can't qualify for a mortgage on their own, there is your first clue that they can't afford it. Why would you jeopardize your assets this way? MOO
Edited to MOO it up!
The fact that they went in chambers means they want to keep the discussions off the record. This says to me she is cooperating. If so, the state is going to demand 100% truthfulness. Anything less, and she only puts herself in a worse position.No date announced yet for trial. Think the State and she are working together and she and her atty met in chambers with States atty at her last hearing. No idea if she is adding any value to States efforts or whether a deal with the State exists yet.