Legal Question in Real Estate Law in Colorado
Refinancing Fraud
Mortgage company gauranteed money back after closing,
(9200.00)recieved 2,700.Person came to my home and lied, broke verbal contract fraud.
1 Answer from Attorneys
Oral statements and written provisions
Louise Aron
Attorney at Law
Lakewood Office:
1536 South Ingalls
Lakewood, Colorado 80232 USA
(303) 922 7687
fax (303) 922-1370
Cherry Creek Office:
300 South Jackson #100
Denver, Colorado 80209 USA
(303) 780-7339
Satellite offices:
Boulder - 4450 Arapahoe Avenue, #100
DTC - 4610 South Ulster, #150
A TOLL FREE NUMBER is available to clients outside the Denver metro area.
web site http://effectnet.com/la/
email: [email protected]
LawGuru User
Dear LawGuru User:
I do not have enough information from what you have told me to give a definitive answer to your question. Absent fraud, oral statements that precede or are contemporaneous with the signing of a document do not overrule or modify a document. This is a long standing legal principle called the "Parol Evidence Rule." In other words, if you signed documents which varied from the statements made to you before your signed, the mortgage documents, not the statements, govern.
If false statements were made before you signed the mortgage papers which induced you to sign the documents, and if without hearing those statements you would not have signed, then you may be able to prove fraud. My question would be, did anyone else overhear these statements? How can you prove they were made?
I know a great deal about mortgages, closings and real estate, and I have assisted consumers in asserting themselves in transactional matters, but I do not do trial work. If you wish to proceed to court on the fraud claim, you will need to contact a litigator.
Thank you for contacting LawGuru.
Sincerely,
Louise Aron
web site http://effectnet.com/la/
email: [email protected]