BEST ANSWER
FIRST ANSWER
Hi Jane,
The loan application requires you to disclose if you are obligated to make child support payments. When you filled out the Form 1003 (loan application), or when the Loan Officer filled it out for you, you should have been asked -- "Are you obligated to pay alimony, child support, or separate maintenance?" and then you should have been required to check the box "yes" or "no." You can find the question on the Form 1003 on page 4, Section VIII, labeled Declarations, question "g."
In the following Section IX, Acknowledgement and Agreement, you then confirm with your signature (quoted from the 1003):
"Each of the undersigned specifically represents to Lender and to Lender's actual or potential agents, brokers, processors, attorneys, insurers, servicers, successors and assigns and agrees and acknowledges that:
(1) the information provided in this application is true and correct as of the date set forth opposite my signature and that any intentional or negligent misrepresentation of this information contained in this application may result in civil liability, including monetary damages, to any person who may suffer any loss due to reliance upon any misrepresentation that I have made on this application, and/or in criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States Code, Sec. 1001, et seq.;"
You should have been required to sign this document at the time of application. At the title company, you will be required to sign it again at closing.
As for how it will affect your loan approval, that depends on your debt-to-income ratios, and if your child support is not just a monthly obligation, but if there is back-child support that has been court-ordered to be paid (that declaration is question “a” Are there any outstanding judgments against you?”).
I hope this information helps you to make the right decision.
Thank you,
Ben Edgson
Mortgage Broker
ben@bythebrookemortgage.com
720.280.0441
Fri Mar 20 2009, 20:55