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Saturday, February 24, 2024 4:22:04 PM
This is Holcomb's counterclaim, they are claiming that there is fraud because they are trying to convince the Court that the $1.5m loan is some kind of vendor financing for Holcomb to purchase the building and hence claiming an equitable mortgage, equitable lien and constructive trust.
To claim relief of constructive trust for constructive fraud you first need to have a legal or beneficial or equitable ownership interest in the property; in this instance Holcomb have neither, there is no contract to prove this and certainly there is no evidence of any equitable mortgage to support these facts.
So how can Holcomb possibly claim to be at detriment in the first instance if they have no rights to the property?
A very flawed Counterclaim: just like the B&K one where Holcomb state that it never guaranteed the generator would work or the patents perform.
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