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Updated about 5 years ago on . Most recent reply
Definition of intent / proof
I have a rental that I will be moving in to next year. Consequently I would like to refinance with the current low rates. My tenant is still in the house so I will be stating to the lender that I intend to take occupancy, but am concerned with unforeseen circumstances. Without going into detail (life is complex at the moment - work family finances), I do not feel comfortable committing that I WILL take occupancy legally speaking, but can honestly state that I INTEND to.
What I am looking for advice on is this: how strictly may this all be interpreted? I have read about 'life happens' circumstances and about outright fraud. I have no intent to do anything unethical but do not wish to be caught in an undesirable situation should I tell the lender that I WILL take possession and for some reason be unable to. I am comfortable with INTEND provided this is a legally valid agreement.
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I think they would have to prove fraud and you clearly have intent based on what I am reading.