How some sellers defraud lenders in today's market
Q: I have a buyer for my house, but she has nothing to put down. Is there a way for me to hypothetically put the down payment for her? I'd increase the selling price by 10 percent and she could finance the rest. I would get my original sales price. Can I order myself a cashier's check for proof of deposit of the earnest money for her lender? That would show that she put down the 10 percent.
A: The short answer is you can't do it this way. The reason lenders want to see evidence of the down payment or earnest money for the purchase of a home is to see that the buyer has some investment in the home. In the past lenders would finance 100 percent of the purchase price. These days 100 percent financing is very hard to get.
What you are trying to do would amount to a fraud on the lender. You would try to deceive the lender into believing that your buyer had put down money that she had not. Then you would participate in the fraud when the buyer applied for a 90 percent mortgage on your home when in fact the mortgage amount would be for the full purchase price of the home.
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