 hahna1
Joined: 17 Aug 2009
Posts: 5
4.09 Dollars($)
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 Posted: Tue Aug 18, 2009 2:53 pm Post subject: Is the note or the mortgage what a lender needs? |
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My ex-fiance signed a disclosure form while applying for a mortgage note up here in PA with me that may have been fraudulent. It turns out that he owns property in FL and did not disclose it.
My question is: If a person signs a mortgage, but not a note (I can't seem to find out if his name is on the note on the FL property with his now-ex-wife, so worst-case - I will assume that he is not on the note), is he required to disclose that mortgage (would that be considered a lien in the amount of the note?), his co-ownership of the property, and the taxes he must pay for it, when applying for a new mortgage up here in PA?
Also, would he have to disclose that the first property had a lis pendens filed against it during the time of the application?
If he doesn't disclose this information, and signs the disclosure and loan application up here, signs the new mortgage, and the new note on this new PA property, is that mortgage fraud?
I am asking this because he won't sell, won't buy me out, and has trapped me into paying for taxes and mortgage payments that I should never have had to pay, and cannot afford. |
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jenkin7
Joined: 04 Jun 2007
Posts: 4292
Location: Hawaii
677.83 Dollars($)
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| Posted: Tue Aug 18, 2009 11:20 pm Post subject: |
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Hi hahna,
If your ex-fiance is not on the mortgage note, he is not liable to repay it. He might have to sign the other mortgage documents as he is a co-owner of the property. But it does not make him responsible for the loan, unless he signed on the note.
However, it is always good to disclose all information while applying for a new mortgage. If he co-owns a property and is on the mortgage on another house, he should have given that information in the disclosure. Suppressing the information could be considered fraudulent. If the lender comes to know about it, they can take action against him or can call the outstanding mortgage balance due.
If he does not want to sell the house and is forcing you to pay the mortgage, you can consult a lawyer and file a partition lawsuit in court. However, you need to be on the property title in order to claim your interest in the property. |
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