Missouri civil suit?

[Dw1987]

Missouri

My boyfriend purchased a home in march of 2011. In order for him to get approved for his mortgage he had to pay off his car loan. I loaned him 10,000$ and signed a gift afidavit so he could get the loan. We had a verbal agreement he would pay me back the full amount after the mortgage went through and he could finance his car. Now he is not cooperating and saying I am out of luck. What are my options?What is the name of your state (only U.S. law)?

 

[Antigone*]

Missouri

My boyfriend purchased a home in march of 2011. In order for him to get approved for his mortgage he had to pay off his car loan. I loaned him 10,000$ and signed a gift afidavit so he could get the loan. We had a verbal agreement he would pay me back the full amount after the mortgage went through and he could finance his car. Now he is not cooperating and saying I am out of luck. What are my options?What is the name of your state (only U.S. law)?

Your only recourse is to sue him for the statutory maximum in your state's small claims court.

 

[Proserpina]

Your only recourse is to sue him for the statutory maximum in your state's small claims court.

Two problems though...

First, is Missouri's $3k small claims limit.

But second? That gift affidavit. I think that's the biggest problem - if she's told the lender that it's a gift and no repayment expected, I think it's a guarantee that the boyfriend will simply copy/paste/use that against her.

"This proves that it was gift, your Honor". Can she truly claim that it's only a gift in the lender's eyes? And that it was actually a loan between her and the boyfriend?

 

[sandyclaus]

Missouri

My boyfriend purchased a home in march of 2011. In order for him to get approved for his mortgage he had to pay off his car loan. I loaned him 10,000$ and signed a gift afidavit so he could get the loan. We had a verbal agreement he would pay me back the full amount after the mortgage went through and he could finance his car. Now he is not cooperating and saying I am out of luck. What are my options?What is the name of your state (only U.S. law)?

How in the world is this question considered a matter of Personal Injury or Wrongful Death???

As for repayment of this alleged loan, I see two very distinct problems, and neither one of them is a good thing or something you would probably recover from.

First, your agreement that he pay you back the $10k was a VERBAL agreement. Unless you have something in writing that promises repayment of the money, your B/F simply has to say there was no agreement, and that's that.

Which brings us to the second issue. That gift affidavit you signed for the B/F to have money for his mortgage is likely to come back and bite you where the sun don't shine. All he has to do is show that affidavit, and any claim you have to get repaid is out the window. A document like this in writing will trump ANY verbal agreement you claim exists - especially if the B/F denies one exists at all.

I'm sorry, but I don't see you ever getting this money back unless the B/F grows a conscience and pays voluntarily.

 

[swalsh411]

So let me make sure I understand your question. You assisted in fraud against the lender and now you think you can successfully sue your partner in crime? Is any of that not correct? LOL.

Google "dirty hands".

 

[Adam G]

So let me make sure I understand your question. You assisted in fraud against the lender and now you think you can successfully sue your partner in crime?

Exactly. From the start I was saying to myself, forget getting repaid, this is bank fraud.