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Paying my Dads mortgage.?

My Dad bought a house 2 years ago and I've made all the mortgage payments since. He has never lived in the home. I'm wondering if everything he is doing is legal? Or is this considered mortgage fraud.

Asked by William Wiita | Mandan, ND| 10-14-2024| 721 views|Home Loans|Updated 1 year ago

Answers (4)

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Austin Pelka

Keller Williams Shore Properties · Toms River, NJ

This depends entirely on how the loan was obtained. If your dad applied for a primary residence mortgage and represented to the lender that he would live in the home, but never intended to and never did, that is occupancy fraud. It is a serious federal offense. Lenders charge lower rates and have more flexible terms for primary residences compared to investment properties, so misrepresenting occupancy to get better loan terms is considered fraud regardless of who makes the payments. If the loan was obtained as an investment or second home mortgage with full disclosure to the lender, then the arrangement of you making payments is not inherently fraudulent, though there may be tax and gift implications worth discussing with an accountant. The honest answer is that you need to speak with a real estate attorney about this situation privately. If the loan was obtained under false pretenses, continuing to make payments does not reduce the legal exposure. The sooner you get proper advice the better, because lenders do audit occupancy on loans and if fraud is discovered it can trigger a demand for immediate full repayment of the loan.
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04-08-2026 (5 days ago)··
Julianne Clark

Charter One Realty · Beaufort, SC

(48 reviews)
You left out some details? Are you living in the home? Is It a VA loan. Is it a rental property? Did he intend on living there and them due to health issues was not able to occupy? Majority of the time -- the mortgage holder only cares that the monthly payment is made -- and not who makes it.
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10-24-2024 (1 year ago)··
Arlene ModarelliRising Star15 Answers
Arlene Modarelli

Fathom Realty · Columbus, OH

You should have a talk with your Dad to discuss the terms of his mortgage.
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02-24-2025 (1 year ago)··
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Will GardnerRising Star11 Answers
Will Gardner

Century 21 Morrison Realty · Bismarck, ND

(1 review)
William -- you're asking an excellent question and it's good to wonder about doing things right. A few questions I would ask: (1) What type of loan was it? Some loan types do require it to be owner occupied. Did he get a first time homebuyer loan? VA? FHA? (2) Did he intend on living in the home when he purchased it? (3) Is he using it as a rental property?
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03-11-2026 (1 month ago)··

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