Legal Question in Real Estate Law in Oregon

Loan Servicing Agreement - Alpine Mountain Homes FRAUD

I invested a large sum of money with a lending corporation. I am the lender and the lending corporation is the broker and Mr. X is the borrower. Mr. X purchased a manufactured home from Alpine Mountain Homes, which is now out of business due to fraud and racketeering charges. Alpine sent a fraudulent invoice to my broker and the broker released funds without securing the DMV certificate of purchase, or authorization from the Mr. X. Within a week, Alpine went defunct and it's employees were prosecuted. A flooring company went after Mr. X for payment. Mr. X somehow had title of the mobile home and sold it. Mr. X deeded the property back to the broker because he could not refinance. Absent the mobile home from the property, the value went down substantially. The broker never advised me of this situation, which took place in 2005. They lied to me by telling me the mobile home was ''repossessed'' by the flooring company. This was a 12 month loan, and we are now in to the 3rd year. The broker continued to send me the interest payments until 11/07. If I had known about this I would have consented to a lawsuit and judgment against Alpine Homes in order to protect the m-home I funded. Do I have a cause action against my broker?


Asked on 3/14/08, 12:26 am

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Loan Servicing Agreement - Alpine Mountain Homes FRAUD

Very possibly. But, an attorney will have to do due diligence to collect the provable facts from the available evidence and advise you.

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Answered on 3/14/08, 1:46 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Loan Servicing Agreement - Alpine Mountain Homes FRAUD

I've looked at the Alpine/Bear Creek Oregon appellate decision and that satisfies me that you need an Oregon attorney because jurisdiction will probably be in Oregon and not in California, and also Oregon law will apply. However, if Oregon law on the subject parallels California's, you should have more than one cause of action including breach of fiduciary duty.

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Answered on 3/14/08, 2:08 am


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