Thursday, September 17, 2009

Exploitation

In a mortgage foreclosure action, the New York Court of Appeals has held that the defendant had sufficiently alleged that the plaintiff (her attorney and paramour) had exploited a fiduciary relationship and secured through fraud an arrangement where he was the lender and she the borrower on a condo purchase. He had a friend represent them both in the closing on the loan. They later married but there was a complication--he already had a wife and two children. When the situation unraveled, he foreclosed on the condo.

The court also concluded that the defendant had sufficiently stated a claim of fraudulent inducement to marriage. An earlier post concerning the case from the ABA Journal is linked here. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2009/09/exploitation.html

Clients | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef0120a57976ab970b

Listed below are links to weblogs that reference Exploitation:

Comments

Post a comment