What is the name of your state? OK
I contracted with a builder to build me a home. The construction loan was in his name. At one point he told me he was out of money. At this point in time there was still about $30,000 left of work to be done. After doing some digging, I found out that there was about that much in liens against the property and another $20,000 in unpaid bills. He breached the contract in at least 3 different areas and had the gall to tell me to either finish the house myself or pay him what it would take to do so. I elected not to have him do anything further or give him another nickel. It just so happened that he was building himself a new house at the same time valued at about $400-$500K and this property was free of any liens. I think I can prove to a jury that he embezzled the money from the loan meant to build my home and put it into his. I may not be able to show where the money went, but the bank documents can certainly show the draws taken out and the unfinished home should answer the rest of the questions. The local sheriff thinks it's a civil case, and I think it's a felony crime. Can someone tell me if I am right, and if so, how do I proceed and what are the consequences if he's investigated and found guilty? I already have a lawyer and we are suing the builder.
Thanks,
Mike
I contracted with a builder to build me a home. The construction loan was in his name. At one point he told me he was out of money. At this point in time there was still about $30,000 left of work to be done. After doing some digging, I found out that there was about that much in liens against the property and another $20,000 in unpaid bills. He breached the contract in at least 3 different areas and had the gall to tell me to either finish the house myself or pay him what it would take to do so. I elected not to have him do anything further or give him another nickel. It just so happened that he was building himself a new house at the same time valued at about $400-$500K and this property was free of any liens. I think I can prove to a jury that he embezzled the money from the loan meant to build my home and put it into his. I may not be able to show where the money went, but the bank documents can certainly show the draws taken out and the unfinished home should answer the rest of the questions. The local sheriff thinks it's a civil case, and I think it's a felony crime. Can someone tell me if I am right, and if so, how do I proceed and what are the consequences if he's investigated and found guilty? I already have a lawyer and we are suing the builder.
Thanks,
Mike