I need help with possible auto fraud

[tabbykat66]

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

So I have an off situation.

My husband kicked me out, and sold our "marital vehicle" to his parents..
My new boyfriend authorized me as a person on his bank account, providing statements with my name on them from the bank, my (soon to be ex)-husband is trying to tell me he can have me arrested on income fraud. We are in-fact living together.

The bank did NOT approve the loan, they gained and lost nothing, I spoke to the bank who was going to finance it and then backed out after my husband called them directly claiming fraud (he had been stalking me to the dealer, and logging in to my email account.) they said they would not be pressing charges.

My question is should I be worried?
He wants me arrested so he can attempt to gain full custody of our minor child in mediation..

Our judge at our emergency custody hearing told him when he brought it up "everyone lies on an auto loan"

 

[quincy]

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

So I have an off situation.

My husband kicked me out, and sold our "marital vehicle" to his parents..
My new boyfriend authorized me as a person on his bank account, providing statements with my name on them from the bank, my (soon to be ex)-husband is trying to tell me he can have me arrested on income fraud. We are in-fact living together.

The bank did NOT approve the loan, they gained and lost nothing, I spoke to the bank who was going to finance it and then backed out after my husband called them directly claiming fraud (he had been stalking me to the dealer, and logging in to my email account.) they said they would not be pressing charges.

My question is should I be worried?
He wants me arrested so he can attempt to gain full custody of our minor child in mediation..

Our judge at our emergency custody hearing told him when he brought it up "everyone lies on an auto loan"

Were both you and your husband named on the auto loan? If your husband sold the car, didn't he pay off the loan?

I have no idea how your new boyfriend and his bank account plays into this, or what income fraud your husband is claiming.

I am not seeing anything that would lead to an arrest.

But then, I am sort of confused by everything you wrote. Could you clarify the car situation, please? Thanks.

 

[tabbykat66]

Were both you and your husband named on the auto loan? If your husband sold the car, didn't he pay off the loan?

I have no idea how your new boyfriend and his bank account plays into this, or what income fraud your husband is claiming.

I am not seeing anything that would lead to an arrest.

But then, I am sort of confused by everything you wrote. Could you clarify the car situation, please? Thanks.

My new boyfriend added me to his account, to use his income to try and get approved for a vehicle
We were turned away for the loan because my husband called the bank and dealer.
He was NOT on the loan what-so-ever, just me.

And again we do NOT have the car. they never gave it to us

i'm a substitute teacher making 8.05 an hour, I couldn't get approved with my income, and my boyfriend has bad credit.

 

[quincy]

My new boyfriend added me to his account, to use his income to try and get approved for a vehicle
We were turned away for the loan because my husband called the bank and dealer.
He was NOT on the loan what-so-ever, just me.

And again we do NOT have the car. they never gave it to us

Oh. Well then, your husband has a point. If you do not have an income sufficient to purchase a vehicle and you used your boyfriend's financial information to try to get an auto loan in your name only, you submitted false documentation. Not a good idea.

I doubt the judge will use this as a custody determiner, though - although this judge does not sound very bright if he thinks everyone lies on an auto loan. With custody, I think if I were you I would worry more about your live-in situation with your boyfriend. Before divorcing one partner, moving in with another is generally not the best thing to do.

 

[tabbykat66]

Oh. Well then, your husband has a point. If you do not have an income sufficient to purchase a vehicle and you used your boyfriend's financial information to try to get an auto loan in your name only, you submitted false documentation. Not a good idea.

I doubt the judge will use this as a custody determiner, though - although this judge does not sound very bright if he thinks everyone lies on an auto loan. With custody, I think if I were you I would worry more about your live-in situation with your boyfriend. Before divorcing one partner, moving in with another is generally not the best thing to do.

I do understand that, I had no where else to go at the time. All of my family is up north.

He has since gotten one girl pregnant, and has moved a completely different woman in to our marital home.

 

[HighwayMan]

You live with your husband???? That's the way it sounded to me.

 

[quincy]

I do understand that, I had no where else to go at the time. All of my family is up north.

He has since gotten one girl pregnant, and has moved a completely different woman in to our marital home.

I didn't doubt that you had, and have, reasons for your actions.

If you are a substitute teacher, that means you have a college degree, right? I suggest you look for a better-paying job so that you can afford a car based on your own income and so that you can better support your children. I know this is easier said than done, but this is something you should be seriously considering. It will be especially important if your new boyfriend becomes an ex-boyfriend sometime in the future.

Good luck with your divorce and your custody talks.

 

[tabbykat66]

You live with your husband???? That's the way it sounded to me.

No we do not live together, he kicked me out to move the mother of his new child in.

 

[tabbykat66]

I didn't doubt that you had, and have, reasons for your actions.

If you are a substitute teacher, that means you have a college degree, right? I suggest you look for a better-paying job so that you can afford a car based on your own income and so that you can better support your children. I know this is easier said than done, but this is something you should be seriously considering. It will be especially important if your new boyfriend becomes an ex-boyfriend sometime in the future.

Good luck with your divorce and your custody talks.

Understood.
Thank you

 

[tabbykat66]

My boyfriend was applying on the loan, is it legal for my husband to have a copy of the loan application with my boyfriend's social security? I thought loan applications were covered by privacy

 

[quincy]

My boyfriend was applying on the loan, is it legal for my husband to have a copy of the loan application with my boyfriend's social security? I thought loan applications were covered by privacy

Your husband should not have a copy of the loan application, unless you also used his credit and credit history to help support the loan. Your husband might have posted fraud alerts with the credit agencies so that his name/information could not be used to open new accounts without his permission.

Also, if your credit history was pulled, it would show both your name and your husband's name on any joint accounts. Verification of the status of the accounts might have been necessary.

I am thinking your application threw up all sorts of red flags, especially if the loan application showed your new boyfriend's social security number and account information.

 

[tabbykat66]

Your husband should not have a copy of the loan application, unless you also used his credit and credit history to help support the loan. Your husband might have posted fraud alerts with the credit agencies so that his name/information could not be used to open new accounts without his permission.

Also, if your credit history was pulled, it would show both your name and your husband's name on any joint accounts. Verification of the status of the accounts might have been necessary.

I am thinking your application threw up all sorts of red flags, especially if the loan application showed your new boyfriend's social security number and account information.

We did not use any of his information, so he has no legal standpoint to have the application? He has copies of the applications.

 

[quincy]

We did not use any of his information, so he has no legal standpoint to have the application? He has copies of the applications.

Hmmm. I can only figure that your husband's name came up on a credit check then. You are not divorced yet so that might have led to some confusion. I don't know. I can't explain how he got copies of the loan applications.

 

[tabbykat66]

Hmmm. I can only figure that your husband's name came up on a credit check then. You are not divorced yet so that might have led to some confusion. I don't know. I can't explain how he got copies of the loan applications.

Yeah neither can we..
The bank said that they were not going to press charges as they didn't gain or lose anything, i'm just worried about him trying to get the state attorney to prosecute me.
I don't know how he'd be able to explain how he got this information

 

[quincy]

Yeah neither can we..
The bank said that they were not going to press charges as they didn't gain or lose anything, i'm just worried about him trying to get the state attorney to prosecute me.
I don't know how he'd be able to explain how he got this information

I doubt if any charges of any kind will be pursued.

The loan applications might have been turned over to your husband in simple error. Mistakes happen.

The most I see your boyfriend getting if your boyfriend were to object to disclosure of his information on privacy grounds would be free credit checks each month for a year.