Just found out that my husband took a line of credit against our home to buy land in the country without disclosing our marriage to the lender.
Even though my name is not on the title to the house (he bought it before we married), it has accrued significant value/equity since our marriage. Also he has of course not put my name on the title to the land he recently purchased.
On the "affadavit of borrower" there is a part that says that he is single (if married spouse must also sign).
He signed this affadavit and other papers pertaining to the loan in front of a notary to get this line of credit/loan.
Is it then considered perjury?
Anyone have any idea's or thoughts on this whole subject?
2007-07-05 09:30:47 · 10 answers · asked by Chikadee 2 in Family & Relationships ➔ Marriage & Divorce
He swore to tell the truth before a notary, therefore it is perjury. He also falsified documents relating to a loan, so this invalidates the loan contract, since it was gotten under fraud. Check the laws in your state, but this is basic business law-you can't lie to obtain a loan. I would also say your husband is kinda a weasel, such behavior doesn't bode well for a marriage, which must be based on trust!
2007-07-05 09:41:43 · answer #1 · answered by aackpht 4 · 1⤊ 0⤋
Unfortunately your husband bought the home you are in before you were married and therefore legally he has the right to take out credit against the home to finance the new land. The fact that he has signed the affadavit as single is another subject. He is using the equity from his home to purchase the land, this will work for you if it comes to that, and when he purchased his home and under his current loan it will in fact say he is single. The fact that you are not on any of the titles to your home or the land means that you need to get a good divorce lawyer and start dividing assets as I don't see you as an equal in this marriage. Best of luck :)
2007-07-05 09:51:23 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I don't think he committed perjury but it would make me wonder why my husband was leaving me out of very big important financial decisions......unfortunately it looks to me like because he bought the house before you 2 married and it is in his name he views the equity as HIS and HIS alone.....sounds like you have more problems than whether or not he committed perjury or not...
2007-07-05 09:40:51 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Having been a notary I can say YES. If you are giving a notary information you must be sworn to tell the truth. If you lie, therefore, it is a criminal offense.
Go get him, honey
2007-07-05 09:35:45 · answer #4 · answered by lady_phoenix39 6 · 1⤊ 1⤋
He received this loan under false pretenses. It is very illegal. He took the loan against your house...is the house in your name at all?
2007-07-05 09:55:47 · answer #5 · answered by stacilynn26 3 · 0⤊ 0⤋
Yes, definitely!
2007-07-05 09:52:52 · answer #6 · answered by abetdgreyt 4 · 0⤊ 0⤋
its not "perjury" because you arent in court, but he DID fraud the lending firm and that is a felony... he faces Serious problems if they find out!
2007-07-05 09:41:33 · answer #7 · answered by bronzebabekentucky 7 · 1⤊ 0⤋
yes
2007-07-05 10:09:30 · answer #8 · answered by lilly v 3 · 0⤊ 0⤋
I don't think it's perjury, but it sure is FRAUD.
2007-07-05 09:37:25 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Any way around it, it is illegal.
2007-07-05 09:35:35 · answer #10 · answered by bocasbeachbum 6 · 1⤊ 0⤋