is this mortgage fraud

Guest 0.10 Dollars($)

I have been separated from my husband for 2.5 years, we have a separation agreement that includes a free trader agreement that states we can purchase a house, etc without the consent of the other but by doing so as unmarried. He purchased a home recently -- the lender pulled my credit without my consent to qualify him as married on a FHA loan using my debits in his ratio. The loan officer says she did not need my consent because of the free trader agreement.

shane · Posted: Sat Nov 01, 2008 9:20 am Post subject:

Does the "free trader" agreement state that your credit can be pulled without your consent? I think that would be an odd clause to have in it.

Guest 0.10 Dollars($)

It only states we can purchase without consent of other but doing so in a manner as unmarried -- my divorce attorney says that means not using my social security #, etc

bearboysj · Joined: 25 Oct 2008 Posts: 42 17.00 Dollars($)

As long as you are technically married to him, he will have to qualify for any FHA loan with your debts. I don't know the legalities of it but unless he was able to prove of your actual 'divorce' the rules are that he had to qualify with your debt.

Guest 0.10 Dollars($)

Regardless, how can a loan officer pull my credit without my authorization? FHA guidelines say there has to be a release from non-purchasing spouse or the loan is rejeceted

shane · Posted: Sun Nov 02, 2008 10:43 am Post subject:

Sounds like you need to consult some legal advice if you want anything to be reversed here.

Niicss · Posted: Mon Nov 03, 2008 2:16 am Post subject:

Hi annie,

You can file a complain with the state attorney general and take some legal help as well. I think that will definitely help you.

Thanks.

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