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Is it mortgage fraud?

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Anonymous
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Is it mortgage fraud?

An older (not much!) couple I know this week applied for a mortgage loan to roll the small, existing balance on their current mortgage into one to purchase a 'steal-of-a-deal' home they intend to inhabit. However, the husband already is retired, and the wife intends to retire in December. However, the wife -- now employed full-time -- reported current income on her loan application, and didn't mention her imminent retirement ("They didn't ask, and I didn't volunteer the information," was her response when I queried the fact. I suspect the application DID ask, though perhaps more subtly than she noticed, but...). I'm wondering if it constitutes mortgage fraud to report current income knowing one plans to retire to a reduced income soon. Is it? She hasn't filed any intent to retire formally yet, although her plans are made. But, I know in most cases, underwriters wish to be assured that current employment status will endure for at least the next two years. I don't want to mistakenly suggest to these applicants that they amend their likely-to-be-approved application for a home that's a bargain at its price. But, I also don't wish to see them borrow trouble by mis-reporting their anticipated income in a manner crossways with the rules. Please advise.
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Anonymous
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Re: Is it mortgage fraud?

I am not sure exactly how the wording is on income reporting, but they do usually as during the verification of employment process the expected future income,  If HR department knows they will retire soon then it is quite possible it will end up reported.  As long as they are retiring with some sort of pension and/or income they would probably be OK even then if the file is strong.

 

One thing I am confused on is the new purchase.  I do not believe they can do a "cash out" purchase ont he new home and pay off the old one.  They may be able to buy the home, then go for a equity line down the road, but I do nto think you can transfer the debt from one property to another.  Maybe if the seller is willing to agree o "pay" the old mortgage balance and inflate the house price (and the house appriased high enough) but even that would be a tough sell.  That said, there may be some loan types or local banks that do this type of loan.  I have just not heard of them.

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