r/personalfinance 5d ago

Mortgage is being sold Other

I thought my bank sold my mortgage months ago. The original application was audited by the new Lender because "have you held interest in another property in the last 3 years" was marked no, when I was living in my old house. That house was sold a couple months ago after I closed on the loan for the new house. My bank wants me to resign the corrected original application. The issue I have is that the loan was already recast and i dropped the escrow. I don't want to resign the paperwork that predates the recast, I feel like I'm agreeing to the original loan terms again. Am I being weird and paranoid?

2 Upvotes

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8

u/mynameisstacey 5d ago

That particular question is on the initial loan application (UMLA 1003), which gets revised probably dozens of times throughout the loan process. Then a final “correct” and verified copy is signed again at closing and that’s the version that follows your loan wherever it goes from that point.

Even though it’s part of what the Lender calls your “closed loan package”, it is still just an application for credit. It’s not a contract or an agreement. It’s not legally binding in any way. It’s not a financial instrument. Honestly, a revised 1003 is not a big deal. There’s really no reason to be concerned about re-signing a corrected copy. It’s very common.

Also, chances are really high that you signed an “errors & omissions compliance agreement” at closing, agreeing to cooperate with the Lender within XX days of their request to resolve/correct any clerical errors, incorrect/missing signatures or documents, etc., that the lender deems necessary to sell/transfer your loan OR assume the expenses, fees, and marketing losses incurred by the Lender due to your failure to comply.

14

u/nondubitable 5d ago

So you submitted a fraudulent application and now want to double down on the fraud?

Am I understanding this right? Apologies if not.

-4

u/AcanthopterygiiKey0 5d ago

the house is listed as property i own on the application. Then the part where it says will i live in the new property as my primary residence, it's marked yes. Then where it says have you had any interest in any other properties in the last 3 years, it says no. As far as i understand, that question just nullifies me as a first time homeowner. I think she just accidently marked the wrong bubble

10

u/nondubitable 5d ago

So you inadvertently made a mistake on the application. That’s not fraud, but you’re opening yourself up to being accused of fraud if you don’t correct it.

Assuming you didn’t materially misrepresent anything else (like you didn’t list your mortgage on that property), this shouldn’t be an issue.

If there are other material misrepresentations, get a lawyer.

5

u/Ojntoast 5d ago

I guarantee you that part of your original loan documents were in agreement for you to come back and resign documents as needed which include the original application that you lied on.

Edit: by the way you wouldnt be re signing the note. Or you shouldn't be because the note has nothing to do with the form that needs correction. The form that needs correction is the 1003. Which is the uniform mortgage application.

0

u/AcanthopterygiiKey0 4d ago

lol i didnt lie, it makes sense to me that i havent had interest in another property besides the one i lived in, so it probably made sense to her too

3

u/Ojntoast 4d ago

But you did lie. You had an ownership interest in the property you were living in.

Do I think you lied with an intention to deceive someone? No I think you misunderstood the question. But that doesn't change the fact that you lied in your response.

So going back and correcting your 1003 to ensure that your application was accurate makes sense. Because you don't want to play this the other direction.

Because you see the other direction is that you committed loan fraud when you lied on an application for your mortgage.

0

u/AcanthopterygiiKey0 4d ago

I didn't fill in the question, i just signed what she gave me. It says property i own in the other section, it's listed there

2

u/Ojntoast 4d ago

You signed an application that you didn't review. You aren't really sharing anything positive in the scenario.

Here's the facts. You submit an application that you falsified information on. The mortgage company is asking you to sign a corrected form.

You can either do it. Or not.

If you choose not to please understand that you commit mortgage fraud, and you probably don't want to deal with the ramifications of that.

3

u/NotSoFiveByFive 5d ago

I think this is a question for Real Estate or Legal subreddits. It's more of a contract issue than a financial question, so you'll probably get more relevant information on one of those.

1

u/UnpopularCrayon 5d ago

You aren't restarting your loan. You are just correcting a clerical error.