What is my recourse when taken in by fraud?

What is my recourse when taken in by fraud?

Investor · Indianapolis, IN · Member since 2016 · 5 posts · 0 votes

Bigger Pockets Community, last year I provided private financing to a Real Estate investor, to rehab a duplex and either refinance or sell it and return my funds in six months.  The investor provided updates on the progress of the rehab, that proved to be false.  After the expiration date of the loan term, I tried contacting the investor to arrange for the return of my funds, plus interest but did not get a reply.  

After dogging me for several weeks, in contacted me to say that he had used the funds for something else and was not in a position to repay the loan.  Though I have a promissory note and a recorded second mortgage, the current value of the property is not sufficient to satisfy the first lien holder and my loan, therefore foreclosure will result in locking in my loss.

What options, if any do I have to recoup this six figure loss?

0Reply
20 views

2 Replies

Jump to latestLatest
  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    5y

    Doesn’t sound like it reaches criminal. As I’m sure you now know, you should have released the money in draws After you had phases of the rehab inspected, so you knew your money was being used to improve the asset you had as collateral. Unfortunately, he likely has no other assets to go after even if that state allows for deficiency judgments, and you get a judgment. 

    Unfortunately, this is far to common with 2nd position mtgs on rehabs. 

    Have you checked the local records for other properties and mtgs/liens he has?

    If there is any equity at all above the first, or if it makes sense to take it back, rehab yourself, and make Some spread, then go ahead and foreclose. Depending on the location, foreclosure might be time consuming. 
    I know this is a tough one....

  • Investor · Indianapolis, IN · Member since 2016 · 5 posts · 0 votes
    5y

    I think it does rise to the level of criminal and I did release the funds in draws, he sent fake reports, pictures and invoices to say that progress was being made. In fact, I was told that one side of the duplex was 100% complete and ready for sell or lease. I admit I should have performed an in person inspection but I wasn’t expecting someone to tell lies. 

Join the conversationCreate a free account to reply, vote on answers and follow this thread.