03-23-2012, 01:15 PM
Join Date: Jul 2010
| | Ex H may be committing fraud? Am I an accessory?
Is this short sale fraud?
Thanks for reading.
My x-h and I had to short sell our house in 2010. It had 3 loans on it (1st,2nd, equity.) We owed more than 50k difference between final sale, and combined total owed (all notes with same bank.)
The bank did not forgive the difference, and we signed an agreement to pay back the difference for $200/month (100 each) for 2 years and then the bank would reassess our ability to pay. At that time, it was my x's (said) intention to try to renegotiate a forgiveness of the balance.
The bank never sent either of us a bill or payment booklet for the 200/month we were supposed to be paying. As far as I know, neither of us have made any payments in the 2 years. I do know that they still consider it debt, because I called them at tax time 2011 to find out about a 1099 form, and they said there wasn't one sent because we still owe that money. I also know that the contract says that if we miss any payments, the bank can call the full balance due immediately.
My x has somehow found a way to get a rent to own agreement signed on that same property. He is moving himself and our kids in right now.
I am concerned that this may not be legal, and that I may be considered an accomplice to fraud if he does this with my knowledge (even though it is strictly without my consent.) My counselor (therapist) suggested that this may be my problem as well if I don't act properly.
I don't have funds to hire a lawyer. I am about to declare bankruptcy. Legal aid has been a dead end. Does anyone have any experience or relevant advice they could offer up? Much obliged.