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Divorce/Separation :
Is this normal? Mortgage questions during D

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Nature_Girl ( member #32554) posted at 7:47 PM on Sunday, July 13th, 2014

Those papers had top have the address listed for the property. I'd go see it in person, I'd find out the realtor/agency who is listing it, and I'd go from there. You'd know immediately who the mortgage company is. You have ways of finding out information.

No way I would sign anything or consent to being listed on the paperwork in any capacity.

Me = BS
Him = EX-d out (abusive troglodyte NPD SA)
3 tween-aged kids
Together 20 years
D-Day: Memorial Weekend 2011
2013 - DIVORCED!
https://www.youtube.com/watch?v=wJgjyDFfJuU

posts: 10722   ·   registered: Jun. 21st, 2011   ·   location: USA
id 6870755
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sparkysable ( member #3703) posted at 9:14 PM on Sunday, July 13th, 2014

isn't the fact that they are financing this as an investment property fraudulent in and of itself?

Well, this one confuses me, because usually we see where it's the other way around. People will buy a house that they are clearly going to use as an investment property or second home, and try to pretend it's going to be their primary home. I'm not sure what he's up to, really, because if he waited until the divorce was final and all the nonsense with your home was straightened out, he could get a new one as a primary residence.

As the others have said, would he have had to put my name and SS# to things to get it this far with me listed as a borrower?

I would say so, yes. And he most likely signed your name to things also.

How do I know what bank it is?

Call XXXXX Mortgage and ask what financial institution is going to be funding this loan? See if that works. I would assume that since you are on this file as a borrower, they would tell you. But they might not, if they are in on the fraud.

D-day OW#1 2/2004;D-day OW#2 5/2010
Marriages that start this way, stepping over the bodies of loved ones as the giddy couple walks down the aisle, are not likely to last.

posts: 5718   ·   registered: Mar. 8th, 2004   ·   location: NY
id 6870826
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 nekorb (original poster member #40306) posted at 9:31 PM on Sunday, July 13th, 2014

I would say so, yes. And he most likely signed your name to things also.

Get the fuck OUT. Really?

Me: BS 44; Him: WH 47 M - 22 Years
D-day: 7/2013; D filed 7/2014; Divorced 7-27-16
...the WS affair starts off in a dreamland where everything is all Golly, Wow! and Meant To Be! and Soul Mates drop from the trees to frolic in the mist. -devotedman

posts: 5796   ·   registered: Aug. 13th, 2013
id 6870836
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peridot ( member #18334) posted at 12:33 AM on Monday, July 14th, 2014

If your signature is anywhere on those papers, I would file a police report for fraud. You need to follow the advice given to Ashland to protect yourself from fraud. I would go ahead and put a freeze on your credit. You can do it on online. If he is buying a house, they will do another credit check right before closing. Get a fraud alert on your credit before that happens. This guy is up to something and it's not good.

I think...therefore, I'm single.

It is what it is.

posts: 4941   ·   registered: Feb. 23rd, 2008
id 6870999
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LifeIsBroken ( member #27071) posted at 3:30 AM on Monday, July 14th, 2014

Or, if he has signed your name to the papers, use that as a negotiating tool to get him OUT of your house now. He has his stuff out within 24 or 48 hours, whichever is more feasible, or you will file a police report.

D-Day: 8/28/2009
BW: 59 @ D-Day XH: 60 @ D-Day Married 34 yrs, LIBerated: 2/17/11
Beyond terror is freedom. (Agnes Martin)

posts: 1242   ·   registered: Jan. 5th, 2010   ·   location: Missouri
id 6871157
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clralb ( member #17185) posted at 5:14 AM on Monday, July 14th, 2014

Or, if he has signed your name to the papers, use that as a negotiating tool to get him OUT of your house now. He has his stuff out within 24 or 48 hours, whichever is more feasible, or you will file a police report

Excellent idea. This whole thing stinks to high heaven. Me thinks he has broken the law.

Definitely use this as leverage for him to get the F out of the house.

Play hard ball. You have to. You are not being "mean." You are protecting yourself and family. He is no longer your family.

So he gets mad. Screw him. If he becomes verbally, or, God forbid, physically abusive, get a protective order.

"To keep the body in good health is a duty... otherwise we shall not be able to keep our mind strong and clear."
Buddha

posts: 682   ·   registered: Nov. 27th, 2007   ·   location: southeast
id 6871238
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sparkysable ( member #3703) posted at 6:28 PM on Monday, July 14th, 2014

Think about all of the things that you had to sign when you applied for a mortgage. At the very least, off the top of my head, the application and the 4506T, oh and the borrower's certification which allows them to speak to others about you (IE, your HR department, etc.)

I don't know how he thinks he's going to close, though. Both borrowers have to be present for that I believe.

D-day OW#1 2/2004;D-day OW#2 5/2010
Marriages that start this way, stepping over the bodies of loved ones as the giddy couple walks down the aisle, are not likely to last.

posts: 5718   ·   registered: Mar. 8th, 2004   ·   location: NY
id 6871812
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deena04 ( member #41741) posted at 10:17 PM on Tuesday, July 15th, 2014

I agree with the previous post: how would you close without you if you are supposed to be on it UNLESS that is what he wants you to sign, some paper excusing you from closing, but keeping you on it. I do know of a case near me where one buyer couldn't be there due to job travel, but signed something that made it where the closing agent could sign on his/her behalf. I don't remember specifics, but do remember it happening. It was a neighbor of ours. Hmm..something is fishy. I would check and see if you "signed" other things just in case.

Me FBS 40s, Him XWS older than me (lovemywife4ever), D, He cheated before M, forgot to tell me. I’m free and loving life.

posts: 3352   ·   registered: Dec. 22nd, 2013   ·   location: Midwest
id 6873425
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josie11 ( member #31648) posted at 1:23 AM on Wednesday, July 16th, 2014

Worried here that somehow the closing is happening behind your back.

Did you put a freeze on your credit with all three credit reporting agencies?

Did you inform the lending agency that you are divorcing, did not sign any application papers, and in no way want to be responsible for any joint debt with the man you are divorcing?

Did you tell the mortgage company that you did not sign any of the application papers, and you are concerned about fraud? If they're not completely corrupt, that should put the fear into them.

BS: me
XWH: Dead to me, after spending half our lives together
2 teenagers
"I get it now; I didn't get it then. That life is about losing and about doing it as gracefully as possible... and enjoying everything in between."-Mia Farrow

posts: 399   ·   registered: Mar. 28th, 2011
id 6873611
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Phoenix1 ( member #38928) posted at 1:32 AM on Wednesday, July 16th, 2014

I do know of a case near me where one buyer couldn't be there due to job travel, but signed something that made it where the closing agent could sign on his/her behalf.

Special Power of Attorney (that's the name for it in my state). That limits the scope of authority for that one real estate transaction, or whatever limits are placed in the POA.

I signed one years ago so XPOS could complete our house closing without my presence (I couldn't be there). However, obviously you would have to sign such a document first...

fBS - Me
Xhole - Multiple LTAs/2 OCs over 20+yrs
Adult Kids
Happily divorced!

You can't go back and change the beginning, but you can start where you are and change the ending. ~C.S. Lewis~

posts: 9059   ·   registered: Apr. 9th, 2013   ·   location: Land of Indifference
id 6873621
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 nekorb (original poster member #40306) posted at 4:26 AM on Wednesday, July 16th, 2014

I'm letting my L deal with all of this. I think it's dead in the water, so I wonder how things are going to ramp up.

WH has actually been quiet today...probably because he is so pleased with himself for changing his direct deposit so that when I went to pay a couple of bills this morning his check wasn't there and I had nothing to pay them with. L is addressing that as well.

Fucking CAT....

Me: BS 44; Him: WH 47 M - 22 Years
D-day: 7/2013; D filed 7/2014; Divorced 7-27-16
...the WS affair starts off in a dreamland where everything is all Golly, Wow! and Meant To Be! and Soul Mates drop from the trees to frolic in the mist. -devotedman

posts: 5796   ·   registered: Aug. 13th, 2013
id 6873786
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josie11 ( member #31648) posted at 5:17 AM on Wednesday, July 16th, 2014

WH has actually been quiet today...probably because he is so pleased with himself for changing his direct deposit so that when I went to pay a couple of bills this morning his check wasn't there and I had nothing to pay them with. L is addressing that as well.

I'm so sorry. Mine did that, too. That's when I had to file, to keep food on the table and a roof over our children's heads.

BS: me
XWH: Dead to me, after spending half our lives together
2 teenagers
"I get it now; I didn't get it then. That life is about losing and about doing it as gracefully as possible... and enjoying everything in between."-Mia Farrow

posts: 399   ·   registered: Mar. 28th, 2011
id 6873806
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peridot ( member #18334) posted at 5:33 AM on Wednesday, July 16th, 2014

My ex told me he wasn't giving me shit to pay the bills as he walked out. True to his word, he didn't and I had to get his wages garnished.

He's only doing this to get back at you. Get his wages garnished so he can't pull this shit anymore. I hope you have a temporary hearing coming up soon because you really need one. Get exclusive rights to the house also.

I think...therefore, I'm single.

It is what it is.

posts: 4941   ·   registered: Feb. 23rd, 2008
id 6873811
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josie11 ( member #31648) posted at 3:32 PM on Wednesday, July 16th, 2014

It occurs to me that family court might give your request for temporary orders (temp support, exclusive use of the family home, a financial freeze order, and possibly an RO) an urgent priority if you tell them of the fraud that has been committed against you. Also tell them that your STBX has withdrawn a significant amount of money from marital funds without signing appropriate paperwork.

Referring all demands about closing the mortgage to your lawyer is fine, but I highly recommend that you look into what documents have been signed with your name, and then report the fraud to the police. I believe forgery is a felony when intending to defraud or deceive, and right now you have no idea if this mortgage application is the only instance of forgery on the part of STBX, or if he's gotten "creative" with other financial paperwork.

BS: me
XWH: Dead to me, after spending half our lives together
2 teenagers
"I get it now; I didn't get it then. That life is about losing and about doing it as gracefully as possible... and enjoying everything in between."-Mia Farrow

posts: 399   ·   registered: Mar. 28th, 2011
id 6874135
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josie11 ( member #31648) posted at 8:20 PM on Sunday, July 27th, 2014

Giving this a bump because I'm still really worried that the OP is in danger of being defrauded.

I hope she managed to get the new joint mortgage on her STBX's new house stopped.

Any news?

BS: me
XWH: Dead to me, after spending half our lives together
2 teenagers
"I get it now; I didn't get it then. That life is about losing and about doing it as gracefully as possible... and enjoying everything in between."-Mia Farrow

posts: 399   ·   registered: Mar. 28th, 2011
id 6887518
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