Q: Hello...I have a question regarding bank / mortgage fraud.
Hello...In 2008 I found out my wife was cheating on me. We stayed together for the sake of our newborn baby girl. Fast forward to about a month ago. I found out that she and the guy she was with remortgaged our home for $160,000. She gave him all my info and he posed as me when they went for the mortgage. We are now divorcing and I am being sued by Bank of America for over $200,000. She has admitted to doing it. My question is, could she get in any trouble over it? I googled it and the statute of limitations for bank / mortgage fraud is only 10 years but I find it hard to believe with that amount of money involved she could just walk away. Thank you.
If the fraudulent mortgage was created sometime after July 2009 then the statute may not have run yet. Find out fast.
Another way to get around the statute is to alleged exactly what you said here: That you did not know about the fraud until recently; in most states fraud statutes do not start running until the victim finds out about it.
And, yes, your ex wife and her paramour can get in really big trouble if you report this fraud to appropriate authorities. Criminal law statutes often have different statutes of limitations than civil law statutes.
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