Eviction or mortgage fraud is his choice now (insurance, loan officer, financial)
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We bought a house together, I thought. The usda loan specifically states all members of the household with income are to be listed on the loan. But they took me off instead. We weren't married, but they promises to add me on at closing as JTWROS. "ROS"VERY IMPORTANT to us. However, at closing loan officer told us not to mention anything about that, because he ,"didn't want to raise any red flags". I was livid! So now , we both moved out of my home of 3 years and into the usda funded home. He intentionally lied about being a "single-man", and his previous address , and put down 1/2 of all the money for the house. My name is on all the bills and insurance policies, but not on anything binding like deed or mortgage. I even paid the first month's mortgage from my checking account. We broke up fighting about it. I said I needed to be on the note, this was illegal. He didn't care. Got violent. Now I have a restraining order against him. He can't come near the house. So in retaliation, he has filed EVICTION papers to kick me out. What can I do?
How much was half of the down payment? That's your financial damages, plus maybe half of the 1st month's mortgage (you lived there for that month). If we're talking tens of thousands of dollars AND you can prove that you provided the cash using a proper paper trail, I'd discuss this with a lawyer.
But if we're talking a few thousand bucks, I'd be delighted to get out of the abusive relationship. (And I'm betting that this isn't the first time he's gotten violent. ) I'd be thrilled to bits that this creep didn't saddle me with a mortgage note.
BTW - based on the information you provided in your post, I don't think there's any mortgage fraud here. You aren't marriedm so he IS a single man. And now you're nit a member of the household, so you don't need to be on the mortgage note (and I kinda doubt that was a requirement anyway).
If you gave him money for part of the down payment and signed a letter or document stating it was a gift you'll probably be SOL. If it was 2 or 3K it will cost you about that, if not more, to retain an attorney.
Cut your losses and move on instead of cutting off your nose to spite your face.
You filing for an RO and him filing for eviction papers all seem like logical steps. If you want to go down this road of fighting him then stay in the house, don't pay another dime toward mortgage and save up whatever money you can so you'll have the funds to move to your own place.
Expensive lesson learned and one that I learned a few years ago myself. I am not a fan of marriage but I'm less of a fan of losing money.
Good luck.
(Oh, and I agree, I don't see this as mortgage fraud. The person deceived here was you, not the mortgage company)
"Single man" legally means not married. You've said you are not married, so I'm not sure why you think that was a lie. It doesn't include "in a relationship", or "its complicated", or any of those other 50 Facebook statuses. If you aren't married, then "Single man" is the correct way to state his status.
And if you are not on the mortgage or the deed, then legally, if he doesn't allow you to live there, then you have no right to live there. If he is on the mortgage and the deed, then legally, he does have the right to live there.
I would think that legally, he would have the right to evict you, with no fraud required.
Legally, he would also owe you for any money you contributed to the purchase of his home, if he didn't have gift letters from you proving it was a no strings gift. I'm surprised the lender didn't require said letters if you were contributing and not going on the mortgage. So assuming you didn't sign any such letters, you could (and should) sue him for the money you have in the house.
You should consult an attorney, TODAY, but my guess is that you will probably need to move. Having an eviction on your record, even one that is filed and then dismissed, will follow you for the rest of your life.
Never buy, or think you're buying, a house with a partner that is not your spouse. Literally there are 1000's of posts on city-data and other forums about this same, ugly situation.
Buy it yourself, on your own, and be able to afford it on your own.
Never buy, or think you're buying, a house with a partner that is not your spouse. Literally there are 1000's of posts on city-data and other forums about this same, ugly situation.
Buy it yourself, on your own, and be able to afford it on your own.
And sometimes, you shouldn't even buy a house with your spouse!
USDA does require all members of the house kick in tax returns & whatnot, so if she was not listed on those docs, they are fraudulent.. but honestly, I don't see anyone prosecuting that.. Technically, he could go away for years for "defrauding a federally-insured lender", but the people in charge of prosecuting really don't seem to go after this type of fraud.. or any fraud that isn't wrapped in a bow with a neon sign that says "FRAUD INSIDE!!!"..
so no.. cut your losses, move, sever all ties & be glad you didn't marry an abuser & get on the deed, that would only cost more and take longer to unwind.
You might be SOL. You can file a lien against the property for your portion of the down. But I think you'll need an attorney. Are you in common law marriage situation? An attorney is what you need ASAP.
We bought a house together, I thought. The usda loan specifically states all members of the household with income are to be listed on the loan. But they took me off instead. We weren't married, but they promises to add me on at closing as JTWROS. "ROS"VERY IMPORTANT to us. However, at closing loan officer told us not to mention anything about that, because he ,"didn't want to raise any red flags". I was livid! So now , we both moved out of my home of 3 years and into the usda funded home. He intentionally lied about being a "single-man", and his previous address , and put down 1/2 of all the money for the house. My name is on all the bills and insurance policies, but not on anything binding like deed or mortgage. I even paid the first month's mortgage from my checking account. We broke up fighting about it. I said I needed to be on the note, this was illegal. He didn't care. Got violent. Now I have a restraining order against him. He can't come near the house. So in retaliation, he has filed EVICTION papers to kick me out. What can I do?
So you already closed? Why did you agree to hand over the money at closing after you found out your name was not going to be on the loan or deed? I would have walked away at that point. Absolutely no way MY money would have gone toward a home purchase under those conditions.
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