Mortgage Loan Fraud
While we are facing a difficult home value market, there is also a foreclosure crisis and credit crisis. Even for those homeowners who have perfect credit, lenders are digging deeper into financial records to evaluate credit-worthiness. For those who already have a home, purchasing a second home is going to change the complexion of your credit report and your credit rating.
There would be a small portion of people who would qualify for a second home mortgage, and those that do would be required to put a larger amount down as the property may be considered an investment property. If you are one of the thousands of people with an upside-down mortgage, you may be asking yourself whether you should buy another house and let your current house foreclose. In order to do this you would most likely have to state that you plan to rent out your current home or your new home. However, if you are not intending to do this it could be considered fraud. Here are some things you need to be aware of:
Loan Application - The mortgage loan application (Form 1003) contains specific language that states that the homeowner is disclosing all information that may have an impact on the lender's decision to loan them money to purchase (or refinance) a home. Lenders require that the application is signed and on the bottom of the application is specific language that references Title 18, United States Code, Sec. 1001, et seq. This code covers fraudulent financial transactions. Failing to inform a lender that you plan to buy a new home and allow your current home to foreclose is considered fraud.
Qualification requirements - Lenders in today's market are aware that some homeowners feel this is a good way to get out of their home mortgage. Because of this, many have tightened their restrictions on second homes. Borrowers must qualify for the loan on the new property as well as the existing loan being counted towards their debt unless there is a signed purchase and sale agreement in place. Fannie Mae and Freddie Mac have also banned the use of rental income from an existing home to qualify for a new mortgage in most cases.