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10-06-2011, 08:15 PM #1
Renter
- Join Date
- Oct 2011
- Posts
- 2
Desperate for help :(
Hello all,
I'm not sure where to turn for help at this point, so I'm hoping some of the knowledgeable people here might be able to help..
My wife went into buying a house, cosigned by her parents. The parents were the ones pushing to get property.
Problem is, they don't know she's married. Now that they've found out, they want to back out of the contract. The deposit and title is still in escrow.
They're not letting them back out at this point. My wife also faces possible fraud charges because she listed herself as "single".
Our tax return showed that she was married, and it was a document that we needed to present for the loan to go througfh.
I know it's a bag of stupid that this all happened, but any help would be great.
Is she really possibly going to be sued for fraud? All documentation in escrow show her "married". This is due to the tax return. But she listed herself as single on the contract.
And is there anything we can do to still back out of the contract?
Thank you to everyone for reading.
-Miguel
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10-08-2011, 06:14 AM #2
Moderator
- Join Date
- Sep 2007
- Location
- Outer Banks
- Posts
- 1,282
hopefully the contract has a loan contingency. if so, then you might be able to back out because your wife can't get the loan. however, because she did not use 'good faith' when applying for the loan this might not work.
if the seller has suffered damages because of your wife's actions they have the right to go to court to collect those damages from your wife.
if anybody comes after your wife for fraud it will be the FBI.Your Outer Banks real estate agent. Learn how to buy Outer Banks foreclosures.
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10-08-2011, 12:15 PM #3
Renter
- Join Date
- Oct 2011
- Posts
- 2
Thank you for the reply Greg.
If they were to pursue damages, how much do you think they can sue for?
And as far as fraud goes, would this be considered a felony?
Thank you so much. We're just worried because she is only a green-card holder, and we're fearful of her getting deported if anything happens.
Thank you so much.
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12-06-2011, 12:18 AM #4
Fraud?
I doubt the feds will pursue that or any law enforcement agency, they will send it to civil court. So basically come clean and get a new wife, you dont need that.
I am not lawyer but I play one on TV so this is not legal advice.
I feel for you man,,,,,
aimiyo
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01-23-2012, 09:18 AM #5
Fixer Upper
- Join Date
- Jan 2012
- Posts
- 16
confused
Hi. You need to be a bit more specific here. What type of contract is it? Has there been a home inspection? Did the house pass the inspection?
You should be able to get out of any contract. The issue is there may be penalites (monetary).
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Sorry to hear about your situation, Miguel. One option would be to work everything out amongst the family and go ahead with the property purchase. Hope everything works out for you.
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02-22-2012, 03:59 AM #7
Fixer Upper
- Join Date
- Jul 2010
- Posts
- 27
Bit of a strange situation and it looks like your wife's lies are catching up with her. Surely she must have known her parents would find out that she's married. If it is considered your wife could have lied about her marital status to gain financial - whether on the housing market or otherwise - then she could be sued for fraud.
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02-26-2012, 10:57 AM #8
Condominium
- Join Date
- Feb 2012
- Posts
- 147
If there have been damages on your wife's part signing the contract, then probably you just have to pay in return on those damages so that the court or the ones you have signed the contract will not get to sue you anymore.
Also, why not ask some help on your wife's parents? Since they are the ones who pushed your wife into signing it.
Regards,
LeonardCare to take your South Carolina Real Estate Continuing Education with us? Grab it now.
We also have New York Real Estate CE Courses



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