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PostPosted: Wed Jan 25, 2012 2:15 pm 
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Noli me calcare
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If the bank is satisfied with a single month lease then go for it. I'd bet it ain't gonna happen though, kind of defeats the purpose for the bank.

Regarding all the other subterfuge, sorry, but it is their business. Literally and figuratively.

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PostPosted: Wed Jan 25, 2012 2:46 pm 
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It's only fraud if you misrepresent the truth.

If the rent is actually $1200, and that is what they pay you, but you have an agreement with them to rent ...well, anything (a scarf, a beer glass, it doesn't matter) from them for $200 a month...you don't need to tell the bank about the latter. They didn't ask and it's not related to anything they are asking.

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PostPosted: Wed Jan 25, 2012 3:01 pm 
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Taly, what you are suggesting falls under the classic definition of mortgage fraud. If you omit information or materially misrepresent information in an attempt to secure a mortgage (or a larger mortgage) that you couldn't get if the lender knew that information, you are committing mortgage fraud. It is obvious what the lender's intent is when they require a lease for X amount of money, if you go through hoops in order to hide the actual amount received in compensation for the use of the house, it's fraud. No matter how you try to disguise it, the intent is there to defraud the lender on the mortgage application in order to obtain a loan for which they otherwise wouldn't qualify.

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PostPosted: Wed Jan 25, 2012 3:14 pm 
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I guess my concern would be that if the bank wants to see $1200/mo it is because they examined the owner's finances and saw that is what is needed to stay afloat. By paying $1000 a month they might fall behind, bank forecloses and you are out on the street looking for another $800/mo lease.

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PostPosted: Wed Jan 25, 2012 5:23 pm 
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Unless there is default, there is no fraud. If there is default, the remedy is foreclosure. The risk is that the market falls such as the bank can't recover it's investement in the case of default. Then the bank might choose to pursue a fraud claim in order to pull the landlord and renter's assets into the damages pool under joint and several liability.


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PostPosted: Wed Jan 25, 2012 6:16 pm 
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That is false. The fraud is committed when the attempt is made to procure a loan under false pretenses. The bank choosing to pursue a fraud claim civilly would be the least of the worries. Mortgage fraud is a federal crime prosecutable by the DOJ; it carries a penalty of up to 30 years in prison and up to $1 million fine. I don't believe all sums would be relevant in a case like this.

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PostPosted: Wed Jan 25, 2012 6:32 pm 
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Vindicarre wrote:
That is false. The fraud is committed when the attempt is made to procure a loan under false pretenses. The bank choosing to pursue a fraud claim civilly would be the least of the worries. Mortgage fraud is a federal crime prosecutable by the DOJ; it carries a penalty of up to 30 years in prison and up to $1 million fine. I don't believe all sums would be relevant in a case like this.


You have an excellent point...I was considering the civil side only. However, if the bank is getting paid, the risk may still be worth taking. Everything comes down to a risk analysis or personal morality.


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PostPosted: Wed Jan 25, 2012 8:44 pm 
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It turns out the $1200 was needed to refinance with a 15-year mortgage. The neighbors decided to go with a 30-year mortgage instead and so there was no $1200 requirement.


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PostPosted: Wed Jan 25, 2012 9:06 pm 
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Ah then cool then. A longer term would certainly lower the debt/income ratio.

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PostPosted: Thu Jan 26, 2012 11:13 am 
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Lonedar wrote:
Vindicarre wrote:
That is false. The fraud is committed when the attempt is made to procure a loan under false pretenses. The bank choosing to pursue a fraud claim civilly would be the least of the worries. Mortgage fraud is a federal crime prosecutable by the DOJ; it carries a penalty of up to 30 years in prison and up to $1 million fine. I don't believe all sums would be relevant in a case like this.


You have an excellent point...I was considering the civil side only. However, if the bank is getting paid, the risk may still be worth taking. Everything comes down to a risk analysis or personal morality.


Yeah, deciding such things is something I try to stay away from advising people on.

Aegnor wrote:
It turns out the $1200 was needed to refinance with a 15-year mortgage. The neighbors decided to go with a 30-year mortgage instead and so there was no $1200 requirement.


Best possible outcome.

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