Posted on: 31st Oct, 2008 04:07 pm
I have been separated from my husband for 2.5 years, we have a separation agreement that includes a free trader agreement that states we can purchase a house, etc without the consent of the other but by doing so as unmarried. He purchased a home recently -- the lender pulled my credit without my consent to qualify him as married on a FHA loan using my debits in his ratio. The loan officer says she did not need my consent because of the free trader agreement.
Does the "free trader" agreement state that your credit can be pulled without your consent? I think that would be an odd clause to have in it.
It only states we can purchase without consent of other but doing so in a manner as unmarried -- my divorce attorney says that means not using my social security #, etc
As long as you are technically married to him, he will have to qualify for any FHA loan with your debts. I don't know the legalities of it but unless he was able to prove of your actual 'divorce' the rules are that he had to qualify with your debt.
Regardless, how can a loan officer pull my credit without my authorization? FHA guidelines say there has to be a release from non-purchasing spouse or the loan is rejeceted
Sounds like you need to consult some legal advice if you want anything to be reversed here.
Hi annie,
You can file a complain with the state attorney general and take some legal help as well. I think that will definitely help you.
Thanks.
You can file a complain with the state attorney general and take some legal help as well. I think that will definitely help you.
Thanks.