I posted this on ActiveRain but thought I'd paste it here too as I want as much feedback on this situation as I can get.
Buyer has 6 kids and her husband works two jobs. She is chronically ill. She is currently renting a townhome but the HOA is evicting them for having too many people in a certain number of square feet. She wants to buy and tells me they've had a few credit issues in the past but that overall the credit is good and they had gotten preapproved last year when they were thinking about buying. I felt really bad for her situation and bought into the sob story a bit I guesss. So I took them out to see some homes, all under $160K, so its not like we are talking about a huge commission here, but I wanted to try to help them find something.
I had my mortgage girl call them to get them prequal'd. As it turns out they have a lot more credit card debt than they stated, and have collections after them. They also have zero money to put down and need 100% financing. Buyer also insists she qualifies for some special homebuyer's assistance programs but after the lender checked into it, those funds are gone for the year in the county they are looking in, and the husband may make too much to qualify anyway, despite having 6 kids. It is now becoming apparent that this is not going to be easy.
My mortgage girl tells buyer to call the credit counseling and see if she can get her large credit card debt reduced and get the issue fixed on their credit report so she can buy - that's the only way. Buyer refuses and says the have no money left over at the end of the month to pay down the debt, even if it gets reduced, and maybe they should just file bankruptcy. Of course mortgage girl says you don't want to do that, try to work something out, but buyer is looking for a handout and an easy way out it is starting to seem.
Mortgage girl calls me back and tells me the situation - it is not going to happen. Oh and by the way, the buyer just told her she'll find SOMEONE to write the loan, whatever the rate and whatever the cost, because she'll just file bankruptcy anyway and get to keep her house and be out of debt. Um, hello, that's not how it works! Even if they got homesteaded, if you stop making mortgage payments, the bank can still take your house! I'm not sure how she thinks that is going to work. She claims she's "done this before and it worked well" to my mortgage girl.
At this point after hearing this 2nd hand, I am thinking this little plan of the buyer's sounds an awful lot like conspiracy to commit mortgage fraud and/or credit card fraud... or am I wrong here? I really don't want to deal with this buyer anymore, she's seeming crazier by the minute and the amount of potential money to be made is minimal anyway. How would you deal with this? Am I right in telling her this is conspiracy to defraud a lender and I cannot help her anymore in her house hunt? What would you do? It doesn't seem right to me. Also if I let her loose, do I need to report these comments of hers to someone? I don't want her coming back at some point saying "My Realtor told me I could do this...." or something. I was thinking I might email her if/when I cut her loose so I have it writing.

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