QUESTION

Is it fraud if a corporation files an action misrepresenting itself to be a different corporation of a similar name (that is not incorporated)?

Asked on Sep 05th, 2012 on Business Litigation - New Mexico
More details to this question:
This was done in order to use a "Declaration" of a HoA that was supposed to be incorporated in a specific name as per the Declaration, but wasn't. It was found out that the Declarant incorporated an HoA of a similar name and deeded the common property to it instead of the HoA that was supposed to be incorporated and be deeded the common property as per the declaration. This essentially has taken the common property away from the unincorporated HoA members who are not stated as the members of this other incorporated HoA in the Declaration. The similarly named incorporated HoA is misrepresenting itself in court as the Declaration HoA that is not incorporated (using the "Inc." after its' name) and then doing a "revision" on Judgment transcripts in its favor by changing the unincorporated HoA, Inc. to the name of the incorporated HoA, Inc. The Attorneys have demonstrated an ongoing pattern of doing this. The Members don't notice and think it clerical. I think it is fraud... is it?
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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It depends on facts that you do not provide. The real question is whether the plaintiff was able, as a result of the omission or misstatement, to obtain something to which it would not otherwise be entitled. It is not clear from your inquiry whether, or how, anyone was actually harmed by this seemingly minor issue.
Answered on Sep 05th, 2012 at 2:14 PM

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