if a person executes a note and trust deed in favor of a non-existent company styled a a "lender", is that fraud?

Question

Details: the "lender" did not exist; it also falsely claimed to be a New York corporation.

Joanne Reisman · Answer

This doesn't make sense.  If party "A" gave money to party "B" in exchange for a promisory note there is a secured transaction.  If you are saying that the documents listed party "A" as a New York Corporation that didn't exist, the fact remains that there were two parties with the intent to do a loan and have it secured.  If you are looking for an excuse that party "B" can use to take the money and not pay it back, is not going to happen.  The law doesn't support people taking money and not having to pay it back.  The transaction however may be flawed if there is a problem with the parties named on the documents.  Without all the details no attorney can help you figure out how this is likely to resolve.  But there are many possibilities.  The law will sometimes impose a constructive trust over someone's property to recognize that someone gave money or loaned it to buy the property.  The trust deed may be flawed, so the lender may have to just file a lawsuit for the money and get a judgment which will become a lien against the property.  There may be other ways this plays out.  I strongly doubt that the result will be that "A" just loses their money.  On the flip side, if "A" is engaged in the business of making loans and "A" didn't follow all the laws and requirements for a lender, then "A" may be subject to some penalties.  Again, hard to say without all the details.

Q: if a person executes a note and trust deed in favor of a non-existent company styled a a "lender", is that fraud?