Legal Question in Real Estate Law in Illinois
I loaned my son's exgirlfriend money for closing costs on her home. she said she would repay me and it has been a year. I have contacted her and we have always had a wonderful relationship. I contacted her recently and she said it would be a few more weeks and as soon as she got her tax refund she would repay me. Her mother called me on friday and said "My daughter isn't repaying you, get the money from your son he treated her terribly for the last three years so screw you and she hung up. Before she hung up I told her it isn't between her and I this concerned her daughter and I and not my son as he didn't buy a home and he isn't living in the house. we had an agreement and she owes me the money. I gave my son a check for the $1000 because he said I couldn't give it too her because then she would have to explain to the bank where the money came from but if it came from her boyfriend that would be ok. he said he cashed the check and she said she deposited the cash into her account and no one ever questioned where it came from. she closed on the house and was to keep the money there for one week and then pay me back. it never happend but she assured me as soon as the tax refund came she was going to pay me back.
2 Answers from Attorneys
Not sure what your question is, but it looks to me that the ex-girlfriend committed mortgage fraud. Since you wrote the check to your son, it would be a stretch for you to sue her. Your son would have a better chance of success.
Based on your information you will not be able to prove that you made a loan to the ex and if you knew it was for a home purchase where she would be claiming that the funds were hers free and clear of any claims I agree w/ Mr. Moens on the potential for mortgage fraud. The check to the son seems unrelated, but if it is again you don't seem to have anything in writing that documents a loan arrangement with the ex that would help you prove it in a court of law.
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