Legal Question in Real Estate Law in Massachusetts
Mortgage using false statements.
After talking to her boyfriend about her monetary concerns, and since she is listening to whatever he tells her, she wants to go ahead with the purchase. They were still less than truthful about the ''gift'' (now she says 3,000 dollars), the fact that she works for her dad, and what concerns me the most is that even though as a first time homebuyer she is supposed to live there, they plan on having their mail sent there but live somewhere else (the house under agreement is in a high crime area). I'm afraid she is really getting into a big mess. As her parents, what can we do to stop this from happening? Can we file a civil suit against him? Should we call the bank or realtor? I love my daughter and don't want her to make the biggest mistake of her life!
2 Answers from Attorneys
Re: Mortgage using false statements.
There are any number of things wrong with this transaction, not the least of which is that the false information used on the mortgage application may actually constitute a crime. However, you have to be careful with trying to interfere with someone else's contractual rights. If you are serious about trying to stop this transaction by utilizing the legal system, then you need to contact and hire a lawyer.
On a non-legal note, sometimes we need to allow our kids to make their own mistakes. After all, you and I have made our own. By interfering here you could conceivably make things worse for her. So be very careful whatever you decide to do.
Re: Mortgage using false statements.
You should warn your daughter that what she is about to do may constitute a serious crime and if found out by the lender, they will prosecute in the event of default or they will call the loan immediately.
You should NOT interfere in her actions by contacting the real estate agent or the Mortgage company. But if you are contacted by anyone regarding this matter you should not lie.
I think your daughter should go see an attorney without her boy friend and get independent advice if she does not want yours.
In the end she is an adult and she has to make her own mistakes.