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Is this correct:
"detrimental reliance is a necessary element in the filed civil claim against Trump."
Can you lie to secure a loan even if you can pay it back?
Thank you in advance.
underpants
(182,988 posts)Just here for the info.
KPN
(15,673 posts)filed bankruptcies proof of detrimental reliance at least in those instances?
missingthebigdog
(1,233 posts)I havent had time to read any of the NY pleadings;I was savoring the 11th Circuits Opinion, but if Trump lied on paper, he is probably going to lose.
I am not sure where you are getting the information that detrimental reliance is a necessary element. Typically, detrimental reliance only comes into play when there are questions about whether a contract exists.
Lenders base their decisions about whether to lend money on numerous factors- it isnt just whether you can pay it back. And, except for criteria that would be considered discrimination, those factors can be just about anything. Generally, any misrepresentation of a material fact is going to be considered fraud.
Tomconroy
(7,611 posts)about your assets.
moonshinegnomie
(2,499 posts)the issue is if you lie (for example inflating the value of a property) you can secure better terms for the loan
for example if you get a mortgage of a 300k house and make a 15k (5%) down payment you will be charged a certain interest rate
if instead you put down 60K (20%) your rate will be in all likely hood lower since you are perceived as less of a credit risk.
same idea with a building loan like TFG did.
its one thing to borrow 50m against a 100m building and quite another to borrow that 50m against a 500m building as an example.
thats fraud