Legal Question in Criminal Law in Florida

Fraud charge

Mother agreed to co-sign on a car loan for me, the bank messed up and place her and the primary and me as secondary, she was aware and agreed I could still use the loan and requested the check be sent to my house (have witness who knows) On serveral occasions people have heard her to try to say I should give her the car I purchased and take her car since it cost less, I declined since I have been paying on the car ON TIME for the past year and half, car purchased in Oct 06, on Jan 08 I get call from bank loan came from that I obtained loan fraudlently and can be arrested. All this come in to play after me and mother had arguement 5 months earlier which we stopped talking but I continued to pay loan. Does she have a fraud case against me even if I have 4 witnesses including the car dealer that she agreed for me to use the loan??


Asked on 1/25/08, 9:39 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Fraud charge

Is there a case? Sure. Is it a good case, though? Doesn't sound like it. Why is the bank even calling you if they are getting their payments on time? I assume the money was used for what it was supposed to be used for, that is, to buy a car.

If you both signed on the loan, the money belongs to both of you, and either or both of you can spend it. And as long as everything the two of stated in your loan application is truthful, there is no bank fraud.

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Answered on 1/27/08, 10:18 pm


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