Legal Question in Civil Litigation in Michigan
Gift letter to mother in law, but was for Bank purpose only
I received a law suit settlement. My now ex-husband and I bought a house. The house was put in his parents name because our credit was bad. I gave them the money to purchase the house, with the understanding that I would not have to move out of the house, and neither would my husband if we divorced. House would be sold. I had to do a Gift Letter, because Mortgage Lender said Bank needed it for purpose of government would want to know where all the money came from. We now are divorced, and Ex-husband refused to sell house, and give me any money back. He lives there. House is in parents name still. What can I do. Mortgage lender remembers the deal. She remembers Geft letter being done for purpose of pleasing the bank only. I do not have a copy of letter. I need to supboena the mortgage company to get it.
2 Answers from Attorneys
Re: Gift letter to mother in law, but was for Bank purpose only
So what is your question? What you did would most likely be looked upon as a fraud upon a creditor unless the creditor admits what occurred, which is highly unlikely as the bank would be part of a government fraud (the loan). A judge would very likely leave you where you are and refuse to intervene. The Latin phrase is called in pari delecto. Look it up. Bill Stern 248-353-9400
Re: Gift letter to mother in law, but was for Bank purpose only
What a mess!
I can't believe that this wasn't accounted for in the divorce settlement.
If the house wasn't claimed as your property in the divorce settlement, and you allowed a divorce judgment to go through without dealing with it, you have just given his family a lovely gift.
A lawyer may be able to help you get this sorted, but I doubt it.
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