Can Illegal Allien Purchase Property?

[missflo]

What is the name of your state (only U.S. law)? New Mexico


My nephew married a girl from Mexico several years ago who was here illegally.
They tried t get her permanent residency but never succeeded. In the meantime, somehow, they bought a house and her name is listed on the mortgage with either a TIN# or a false SS# (I'm not sure which) She left him a year ago and he wants to file for divorce but is concerned about the house.
I may be writing this in the wrong forum, but, it was my understanding that illegal aliens could not purchase property in the US. Is this mortgage valid?
Any if so, shouldn't someone have verified the SS# listed or TIN# listed to confirm that she was not a citizen? Or does it matter?

 

[justalayman]

so, it was ok to defraud the mortgage company when it was in his interest but now, when he thinks it is in his best interest for the current situation he wants to claim the mortgage invalid.

well, the problem is; if he knowingly conspired to commit fraud, he is here and apparently she isn't and he will bear the brunt of the fallout. Even if she could not legally engage the mortgage, he apparently could so that would make her not liable for the mortgage and he would bear sole liability for the mortgage.

the problem with all of this; the mortgage has no effect on the title of the property. Even if he figures out how to remove her from the mortgage, she will still own her interest in the property.

 

[HomeGuru]

What is the name of your state (only U.S. law)? New Mexico


My nephew married a girl from Mexico several years ago who was here illegally.
They tried t get her permanent residency but never succeeded. In the meantime, somehow, they bought a house and her name is listed on the mortgage with either a TIN# or a false SS# (I'm not sure which) She left him a year ago and he wants to file for divorce but is concerned about the house.
I may be writing this in the wrong forum, but, it was my understanding that illegal aliens could not purchase property in the US. Is this mortgage valid?
Any if so, shouldn't someone have verified the SS# listed or TIN# listed to confirm that she was not a citizen? Or does it matter?

**A: tell your nephew nice try.

 

[missflo]

I don't think he ever knew she couldn't sign a mortgage nor did he intend to defraud anyone. This is my question, not his! When he told me they were going to get divorced, I challenged the whole idea that an illegal alien could own property here or legally sign a mortgage. He is quite willing to continue to pay the mortgage and she left him for someone else, has a child and a new life, apparently. This subject arose only because he said she would deed her interest in the house to him and I am wondering if she, legally, has any interest to deed. I am also wondering why the mortgage company would allow her to sign a mortgage, if they either didn't verify the SS# or recognized she was not a citizen because she used a TIN#. They have already come to an amicable agreement and she will keep her new home, car, etc. I would just like somebody to comment on the legality of the whole thing, especially with all the paranoia about illegal aliens these days.

 

[justalayman]

the mortgage and title of the property are two totally different subjects. They each, although intertwined, must be dealt with as individual items.

First, to be able to remove her from the mortgage loan, your son will have to refinance it in his name. Since the split seems to be amiable, when there is a closing for that mortgage, the girl can sign a deed to release her interest in the property to your son.

whether the mortgage company should have checked her ID is irrelevant. It does not cause the mortgage to be invalid.

it was my understanding that illegal aliens could not purchase property in the US.

while it appears that neither illegal nor legal aliens can purchase property in Mexico, in the US we simply don't seem to really care. I guess if we imposed the same restrictions on aliens in our country as Mexico does in their country, your son wouldn't have this problem.