Solomon v. Fellmy (In Re Felsner)

By permitting unscrupulous home-buyers to lie and deceive in order to receive mortgages they could not obtain honestly, the majority places the imprimatur of this court on conduct that is clearly fraudulent and possibly criminal. Therefore, I respectfully dissent.

By holding that the $90,000 given to Felsner by Middleton was not actually a gift — despite the unambiguous language of the gift letter to the contrary — the majority opinion undercuts the expectations of lenders who rely on these letters everyday *888when making lending decisions. If the $90,000 was not a gift, as the letter signed by…