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Question For DU Attorneys (Original Post) DemocratSinceBirth Sep 2022 OP
👀 underpants Sep 2022 #1
Not an attorney, but isn't the fact that TFG and his kids have KPN Sep 2022 #2
Probably not. missingthebigdog Sep 2022 #3
It could be that you get better loan terms if you lie Tomconroy Sep 2022 #4
not an attorney but you cant lie moonshinegnomie Sep 2022 #5

KPN

(15,673 posts)
2. Not an attorney, but isn't the fact that TFG and his kids have
Thu Sep 22, 2022, 08:32 AM
Sep 2022

filed bankruptcies proof of detrimental reliance — at least in those instances?

missingthebigdog

(1,233 posts)
3. Probably not.
Thu Sep 22, 2022, 08:40 AM
Sep 2022

I haven’t had time to read any of the NY pleadings;I was savoring the 11th Circuit’s 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 isn’t 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.

moonshinegnomie

(2,499 posts)
5. not an attorney but you cant lie
Thu Sep 22, 2022, 10:46 AM
Sep 2022

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

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