Mortgage Fraud? What will happen in probate?

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So I’m going to sum this up the best way I can. I live in Georgia. My father passed away. He made illegal income (drug dealing, pimping, etc) and obviously isn’t a credit bearing tax paying citizen therefore to acquire property he needed help. This help came from my uncle who signed loans and put his name on titles of my father’s own residence home and his investment homes (trailers he rented out). Is this mortgage fraud as my uncle is lying on multiple documents saying he is the occupant of these homes to obtain the loans and property? My father paid the mortgages with his own money, but lied about who the real borrower was.
Also, when this is all found out in the probate what would happen? I’m my father’s sole heir.
Thank you!

  1. Reply
    February 15, 2014 at 3:29 am

    There’s nothing to inherit. If the homes were in your uncle’s name, your father doesn’t own them.

  2. Reply
    February 15, 2014 at 3:39 am

    If your uncle is on the title deed to the property, these properties would not be considered assets of your father and would not be included in your father’s probate proceedings.

    All other assets that are in your fathers name such as bank accounts and other assets found in his name wold be included in the probate.

    Probate is not a criminal action against your father or uncle. Probate is to legally divide assets of the deceased. This will be done by the probate attorney of the family, the administrator (Normally a member of family, family attorney or very close friend of the family) and the probate judge.

    If there are criminal activities, this would have to be addressed in another case and situation. If these rental properties are in your uncle’s name and your father was paying the monthly mortgage each month, who would now be paying the mortgage on these properties. This might be where the situation get a little sticky.

    Your uncle is on the property deeds as well as the mortgage loan docs, He signed. If these mortgages are not paid as they have been in the past by your father, eventually the mortgage lender will foreclose on the properties, thus your uncle will have negative credit reports, possible judgments if the properties do not ell price does not exceed the mortgage loan amount.

    I hope this has been of some benefit to you, good luck.

    “FIGHT ON”

  3. Reply
    Beverly S
    February 15, 2014 at 3:51 am

    Your uncle is the legal borrower since he signed the notes & is on the deed. It is legal to buy a home for someone else which is what he did- the fact that your father made the payments is not illegal. The only fraud would be the fact that your uncle claimed he was living in the home. So your father did nothing illegal here, but the property legally belongs to your uncle. There is no way to find this out in probate – the fact that your dad paid payments means nothing.. it can be construed as rent.

  4. Reply
    February 15, 2014 at 4:31 am

    I would start with consulting a lawyer, to see what options if any are available, but in my lay opinion you may want to try and work out a deal with the uncle in the end to avoid the law getting involved

    Does it appear on the surface Dear Old Uncle may have unclean hands under the law? Maybe but it would also apply to your father as well as having unclean hands, since his assets are the result of illegal activities, thus maybe subject to seizure from the state , just my law opinion hence the need for a lawyer

    Then if the Dad’s assets are titled under the Uncle’s name, they are not subject to probate, but you would need a separate civil action, which time, everything would come into court including how your father acquired the assets

  5. Reply
    February 15, 2014 at 5:14 am

    None of this will come into play at probate. Any property your uncle has in his name is still going to be his property. While it may be mortgage fraud it will not even be a topic of this probate, the banks would have to go after your uncle as separate actions.

    Probate should be simple, those debts and those assets are not legally your fathers so will not be an issue. Your uncle will continue being both the owner and responsible for the debt.

  6. Reply
    February 15, 2014 at 5:22 am

    nothing is yours to inherit – unless your uncle will place you on the deed as trustee so when HE dies it goes to you

  7. Reply
    Pascal the Gambler
    February 15, 2014 at 5:41 am

    If he obtained owner occupancy loans, then possibly, depending on the terms of the particular loan. Quite possibly no fraud here.

    If your uncle’s name is the only one on the homes, it doesn’t matter in the slightest who paid the mortgage, your uncle owns the homes, not your dad. Therefore, you have no claim in probate or anywhere else to the property, even if your dad put up 100% of the money.

    The mortgage fraud and the probate have nothing to do with each other. If your dad’s name is not on the title to the property, you have nothing to inherit, period, end of story.

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