I was scammed by a mortgage advisor

Questioner

I was scammed by a mortgage advisor for more than 200,000 in 2003. 2005 he enriched himself, is this an expiration date or can I still do something about it?

Lawyer

Since when do you know that fraud has been committed. That you have been defrauded or that you have been delivered a bad product that does not correspond to the justified expectations that you could have of it? The hard limitation period is 20 years, but you must file a claim in time, after you have become aware of the legal basis (fraud / error)

Questioner

In 2005 2006 he passed away he acted for his sister he had a power of attorney for he I can't explain this to you very well they told me that I couldn't do anything about it anymore but I'm still struggling with it I can't live like this he and his sister took everything from me can I contact you for information they ripped me off to enrich themselves I would like to hear from you greetings Jim Boers

Lawyer

That is annoying but I fear that if you knew in 2006 that he had defrauded you you are too late to complain unless a fact has recently become known that exposes the fraud or deceit. If that is the case you are not too late, however the question is whether it is worth doing anything about it you the man has died and I assume his company has closed down.

Questioner

Okay he didn't do that on behalf of his company he did it on behalf of his sister

Lawyer

Yes, but when did you know or could you have known about the fraud? And did the sister know about it? Because then she is the one you have to address. The limitation period for fraud or error after you have become aware of it is 3 years, for a financial service that is not in accordance 5 years. Within that period you have to interrupt the limitation, then a new, equal period starts.

Questioner

I was temporarily in debt restructuring at the time, had a trustee, he went to court and had a plan of action, but he did not follow through on it, he defrauded me, you say that fraud is 20 years old

Questioner

I was temporarily in debt restructuring at the time, had a trustee, he went to court and had a plan of action, but he did not follow through on it, he defrauded me, you say that fraud is 20 years old

Lawyer

The 20 years is a hard and ultimate term within which you must respond, the term of response is as I said earlier 3 or 5 years. If you institute the claim within that term and then interrupt the current limitation and you do that every time during those 20 years, you have that much time to conduct a procedure. So you must respond within the short term of 3 or 5 years in order to be able to use the long ultimate term. After that, the right expires definitively.