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annie123
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Posted: Fri Oct 31, 2008 4:07 pm Post subject: is this mortgage fraud |
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| 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. |
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shane

Joined: 03 Dec 2007
Posts: 121 Location: Orange County, CA
30.01 Dollars($)
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Posted: Sat Nov 01, 2008 9:20 am Post subject: |
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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. _________________ Shane Milne
TheBestHomeLoans.com
Mortgage Broker
Direct: 949-273-4161
Lending in 50 states + the District |
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annie 123
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Posted: Sat Nov 01, 2008 8:57 pm Post subject: |
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| 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 |
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bearboysj

Joined: 25 Oct 2008
Posts: 42
17.02 Dollars($)
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Posted: Sat Nov 01, 2008 11:33 pm Post subject: |
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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. _________________ Senior Underwriter
Flagstar Bank, FSB |
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annie123
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Posted: Sun Nov 02, 2008 9:15 am Post subject: |
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| 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 |
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shane

Joined: 03 Dec 2007
Posts: 121 Location: Orange County, CA
30.01 Dollars($)
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Posted: Sun Nov 02, 2008 10:43 am Post subject: |
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Sounds like you need to consult some legal advice if you want anything to be reversed here. _________________ Shane Milne
TheBestHomeLoans.com
Mortgage Broker
Direct: 949-273-4161
Lending in 50 states + the District |
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Niicss

Joined: 03 Oct 2005
Posts: 3211 Location: New Jersey
506.48 Dollars($)
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Posted: Mon Nov 03, 2008 2:16 am Post subject: |
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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. _________________ Good is the Enemy of Great. |
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