A legal battle over the sale of a home in the Lincoln suburb of Gresham has taken another twist with a court hearing set for this week.
A new lawyer has been appointed to represent the mortgage fraud plaintiff, a 37-year-old woman from England.
The woman’s attorney has filed a notice of claim with the court.
The mortgage fraud case was brought by the woman’s ex-husband and a group of friends who allege she sold their home for $15m without their permission.
A judge ruled the woman was not guilty of the crime, and a jury trial is set to begin on April 18.
The judge has been criticised for the lengthy legal process that has gone on.
The court hearing is expected to be contentious.
According to the court notice, the woman filed her mortgage claim in the court on January 19, 2018.
“The court finds that the mortgage transaction was carried out by Ms Gresberg, who obtained the property without the prior consent of her former husband and other friends,” the notice says.
“It is further found that Ms Greberg, after obtaining the property, purchased the property and then sold it to the other members of the group for an amount that was substantially less than the amount she had originally sought.”
The notice also says the mortgage is registered with the Bank of England, which is a requirement for the bank to approve the loan.
Ms Gresheim has argued that the sale was illegal because she is not a legal person.
But the judge said the mortgage was a “contractual” contract and the court was not allowed to interfere in it.
In its decision on Monday, the judge stated that if the woman could prove she was not a registered person, then she would not be able to pursue the claim.
“If the court were to conclude that the court is unable to establish that Ms [Gresberg] is not the registered owner of the property because she does not hold a mortgage, it would have the effect of creating a right to the mortgage,” the judge wrote.
There are several reasons why the judge decided the woman should not be allowed to pursue her claim, she added.
The judge also noted that she had a mortgage with a lower interest rate and that the property was not worth much more than $15 million.
However, the new lawyer, who will be working on behalf of the woman, has not yet filed any legal papers.
At this stage, the court hearing will be held in private, so it is unclear if there will be any witnesses or cross-examination.
Earlier this week, the BBC’s Victoria Derbyshire programme reported that Gresborough had become a hotbed of mortgage fraud cases.
Some of the alleged buyers of the home bought it from Gresingham, an inner-city suburb, for $16.5m in 2009, and later sold it.
Ms Greshberg’s husband, a British national, and friends who also lived in the property said they had paid hundreds of thousands of dollars in rent and had been threatened with eviction.
Her ex-husband and his friends have accused the woman of lying to her ex-boyfriend and others about the value of the house.