Sunday, November 14, 2010

If you consent for a loan and bought a home in your name for someelse and later found out...?

later found out that the person who is using your home in your name got a new loan under your name for more money, without your permision and signing the documents with your name with out consent from you.. is that some kind of identity theft.. this is happening to us, for this mistake my husband made our credit is real bad and they keep foreclosing the home because the family member doesn't pay the mortagage on time.. is it time to contact the fraud department at this bank wich we knew nothing about? we have proof of the forgery maybe contact the state attorney and press charges? how can we aprove of a loan two times bigger than the first one? we didnt and they did it anyways..we also have proof that they tried to transfer the house to someone else name and again sign my husband name.. need legal advice or someone who knows what to do first we are broke no money for a lawyer are we screwed? please need advice.If you consent for a loan and bought a home in your name for someelse and later found out...?
You need an Atty versed in Real Estate matters and then you need to think about your own culpability in all this mess. You will not be going into any hearings, investigations etc... with clean hands so I do not know who might end up in bigger trouble.If you consent for a loan and bought a home in your name for someelse and later found out...?
This sounds like this could be fraud, but you really need to consult a lawyer.



Hopefully you learned your lesson about personal loans.
Yes, it is some kind of fraud. You need an attorney.
You have two problems. Fraud sounds like it is being committed against you. BUT, you also committed fraud by having a false mortgage under your name in the first place.



You are asking for legal help with one crime, saying you only agreed to commit the first crime.



I don't know what to do, I never dig myself holes like this, but keep in mind that you will have to confess to committing fraud in the first place against the first bank in order to receive any help (maybe while you are serving time) with the crime against you.
If you bought the home under your name for someone else to live in and didn't disclose that the home was not going to be owner occupied you committed loan fraud just as the person whosigned your name on the new loan did.



So basically you are guilty of loan fraud and they are guilty of forgery.



What a pair to draw to.



You are going to need a good lawyer to get out of this one.
If, the first loan was legitimate then the subsequent loans all sound like a simple case of identity theft. You'd want to start by entering a fraud alert with the 3 credit bureaus and filling out a police report. After that contact the mortgage holder listed on the credit report and report the mortgage(s) as fraudulent. To the best of my knowledge, you shouldn't have to press charges as the money was stolen from the lenders, not from you personally.
Contact the lender who holds the fraudulent note and let their legal department sort it out. You need to have everything in writing on this one.



You could contact the local authorities and ask for some direction from them.
Contact your local police. They will need to know where the second loan was signed, which will tell them what law enforcement agency and what Court has jurisdiction over this matter.



To keep things clear in your own mind, you need to separate how you ';felt'; about it being their home, with the legal reality that it is YOUR home. It is your rental property because you have primary responsibility for making that mortgage payment. If your family member failed to pay, your credit would be ruined, as you're finding out. That means the home is in your name and the loan is in your name... so it's YOUR home.



With regard to the second loan... It was fraudelently made and should be reported to law enforcement immediately. Don't get into it with the family member AT ALL. Just contact law enforcement and allow them to investigate it.



No one has the right to sign your name to any contract.

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