Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 5 years ago on . Most recent reply

Account Closed
0
Votes |
2
Posts

Definition of intent / proof

Account Closed
Posted

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.

Most Popular Reply

User Stats

12,327
Posts
14,934
Votes
John Underwood
#1 Short-Term & Vacation Rental Discussions Contributor
  • Investor
  • Greer, SC
14,934
Votes |
12,327
Posts
John Underwood
#1 Short-Term & Vacation Rental Discussions Contributor
  • Investor
  • Greer, SC
Replied

I think they would have to prove fraud and you clearly have intent based on what I am reading.

  • John Underwood
  • Loading replies...