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Mortgage Lender Sues Borrower for Fraudulent Misrepresentation

FLORIDA RECORD

Sunday, November 24, 2024

Mortgage Lender Sues Borrower for Fraudulent Misrepresentation

State Court
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United Wholesale Mortgage, LLC has filed a lawsuit against Claudiu Ionel Lapadatu for fraudulent misrepresentation in connection with obtaining a residential mortgage loan. The complaint was filed on July 2, 2024, in the Circuit Court of the Fifteenth Judicial Circuit in Palm Beach County, Florida.

According to the court documents, United Wholesale Mortgage (UWM) accuses Lapadatu of providing false information when applying for a $248,000 mortgage loan to purchase property at 21290 Summertrace Circle, Boca Raton, FL. The plaintiff alleges that Lapadatu failed to disclose significant debts during the application process, including an auto loan with TD Auto Finance and recurring monthly deductions from Geneva Credit Union. These omissions resulted in an inaccurate debt-to-income ratio that misled UWM into approving and funding the loan.

The complaint details how UWM discovered these discrepancies only after attempting to sell the mortgage on the secondary market. Due to the undisclosed debts, Lapadatu's financial status did not meet pre-established investor guidelines, compelling UWM to repurchase the loan at a loss of $86,800. A subsequent demand letter sent by UWM to resolve this issue went unanswered by Lapadatu.

The plaintiff is seeking damages amounting to $44,563.13 plus attorney’s fees and costs under two counts: fraudulent misrepresentation and negligent misrepresentation. In both counts, UWM argues that Lapadatu knowingly or negligently provided false information with the intent of securing a mortgage loan under false pretenses. The company claims that had it known about these debts initially, it would not have approved or funded the loan.

Representing United Wholesale Mortgage are attorneys Nazish Z. Shah and Roy Diaz from Diaz Anselmo & Associates P.A., based in Fort Lauderdale.  The case number is: 502024CA006190XXXAMB Div: AE.

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