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Old 08-21-2010, 11:02 AM
 
5 posts, read 6,965 times
Reputation: 10

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hi all.i purchased my home 6 years ago.i got married last year and im on deed and mortgage by myself.unfortunatly we now have same last name and i hear banks allow that short sale.i have an investor willing to buy the property as its listed for just 329,000 while i paid 600,000 in 05.now is it legal for the investor to buy the property from me, and then sell it to my souce for fair market value in say 3 months? she was never on deed, or mortgage and has already been pre approved.thanks for your input.

 
Old 08-21-2010, 11:38 AM
 
Location: Salem, OR
15,578 posts, read 40,434,848 times
Reputation: 17483
What's your hardship?
 
Old 08-21-2010, 11:44 AM
 
5 posts, read 6,965 times
Reputation: 10
lost my job in 08,denied hamp, or my investor didnt participate as they all say. still unemployed.married in 09, but wife was never on deed or mortgage.
 
Old 08-21-2010, 11:53 AM
 
Location: Hoosierville
17,418 posts, read 14,642,907 times
Reputation: 11620
No, you can't.

When you short sale your property you'll be required to sign an arms length transaction affadavit that requires that you not profit from the sale of your home.

If you violate it, it's mortgage fraud.
 
Old 08-21-2010, 04:43 PM
 
5 posts, read 6,965 times
Reputation: 10
im not profiting anything besides the loss.and its not me buying the property back its my wife who was never on the deed or mortgage.
 
Old 08-21-2010, 04:54 PM
 
Location: Hoosierville
17,418 posts, read 14,642,907 times
Reputation: 11620
Quote:
Originally Posted by qman89 View Post
im not profiting anything besides the loss.and its not me buying the property back its my wife who was never on the deed or mortgage.
Yes, you are.

The buyer is your wife.

Do you know who's juridisction mortgage fraud falls under? The FBI.

Just sayin'.
 
Old 08-21-2010, 07:33 PM
 
Location: Mission Viejo, CA / San Rafael, CA
2,352 posts, read 5,253,449 times
Reputation: 539
Prison is technically free housing (for you), so maybe you will profit.
 
Old 08-21-2010, 07:58 PM
 
Location: Columbia, SC
10,965 posts, read 21,985,795 times
Reputation: 10685
The question is can he sell it to investor in an arm's length transaction and then buy it back later. I don't know the answer and I know a lot about short sales. Ask an attorney because that falls under the legal arena.
 
Old 08-21-2010, 08:02 PM
 
Location: Hoosierville
17,418 posts, read 14,642,907 times
Reputation: 11620
Quote:
Originally Posted by Brandon Hoffman View Post
The question is can he sell it to investor in an arm's length transaction and then buy it back later. I don't know the answer and I know a lot about short sales. Ask an attorney because that falls under the legal arena.
The investor would be a straw buyer ... and obviously I'm not an attorney, but my bet is on some pretty silver bracelets being handed out somewhere.
 
Old 08-21-2010, 08:13 PM
 
Location: Oro Valley AZ.
1,024 posts, read 2,748,035 times
Reputation: 1196
Quote:
Originally Posted by qman89 View Post
hi all.i purchased my home 6 years ago.i got married last year and im on deed and mortgage by myself.unfortunatly we now have same last name and i hear banks allow that short sale.i have an investor willing to buy the property as its listed for just 329,000 while i paid 600,000 in 05.now is it legal for the investor to buy the property from me, and then sell it to my souce for fair market value in say 3 months? she was never on deed, or mortgage and has already been pre approved.thanks for your input.
Banks are familiar with type of scam. You are not the first to think of this.

Last edited by RickTucsonHomes; 08-21-2010 at 09:22 PM..
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