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  • mortgage for status withholding of removal

    Hello, I have status Withholding of removal,wondering if I have right to recieve mortgage

  • #2
    Hello, I have status Withholding of removal,wondering if I have right to recieve mortgage

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    • #3
      I will never be removed

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      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by charla:
        I will never be removed </div></BLOCKQUOTE>Technically only U.S.Citizens or legal permanent residents following the law can claim that.If I'm not mistaken,those who have witholding of removal can apply for a work permit at the most & is limited only to the time period of the status.

        A home on the other hand suggests long term if not a permanent stay,which you current do not have.Anyway,I don't see why you wouldn't be able to get a "mortgage" since even some who are undocumented have been able to get one somehow.

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        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by charla:
          Hello, I have status Withholding of removal,wondering if I have right to recieve mortgage </div></BLOCKQUOTE>
          Hi Charla and welcome to the forum.

          Well, first, congrats on a tentative asylum approval under INA 241(b)(3).

          There is no U.S. law that prevents you from obtaining a mortgage or property of any kind, etc. Under the Check 21, Patriot Act, and the Bank Secrecy Act laws, part of the paperwork for obtaining a mortgage is to verify identity only. Additional paperwork is required for all non U.S. citizens and how they are financing the transaction. As long as the OFAC (Office of Foreign Asset Control) or BAX (Bureau of Export control) are not involved, along with meeting the financial institutions financial requirements, in the transaction, then it should be fine at some point in the future.

          But because you are on a temporary status under asylum, the question remains how long will you stay and how likely will the government pursue the deportation order again.

          NOTE: I guess Davdah never read FIRPTA, Bank Secrecy Act, or the Patriot Act and how it affects real estate transactions. Maybe he can show where in U.S. law that this cannot be done.
          "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Lyric:
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by charla:
            I will never be removed </div></BLOCKQUOTE>Technically only U.S.Citizens or legal permanent residents following the law can claim that. </div></BLOCKQUOTE>
            Lyric,
            I would not be so sure about that statement.
            "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
              Again, there is no right to a mortgage. Those days are over where it seemed it was as easy as buying a newspaper. Better be able to prove status and of course have the preferred credit rating and a sizable down payment. </div></BLOCKQUOTE>

              Of course she can get a mortgage. You don't even have to be a citizen to buy/own/invest in this country. As long as you pay your stuff (and you don't forget the IRS) you'll be just fine. You have no idea how much property in this country is foreign owned. What do you think I do? I have mortgage! If, I would not win with USCIS, I'll go to Europe and still keep my property here.

              ...tssss!
              “...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire

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              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
                Just read the rest of your diatribe Hudson. When was it ever required for a person to read the patriot act in order to buy a house, LOL.

                Those things you mentioned all boil down to one thing. The bank will want to insure the money being used for the purchase is coming from a legit source. In simple terms the bank may want evidence to show a person's job is real or sources of funds are from a non-criminal source. But it does not require becoming well versed in the BSA or patriot act. </div></BLOCKQUOTE>
                The Patriot Act, as well as the others mentioned, help prevent money laundering which is where financial institutions are the first line of defense.

                Again, it depends on how the transaction is being financed. The forms are required, generally, whether one is using an "angel," self finance (deed contract), gift of equity, or loans from friends or family, among others. the paperwork that is signed verifies identity and makes sure that certain transactions do not conform to the prohibited transaction list of OFAC or BAX.

                As for the banks, it is not a maybe, but definitely.

                But even with this, there is no law that abridges her from obtaining a mortgage as long as the patriot act requirements is met, among other things.
                "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Posted 03-10-2009 09:59 PM Hide Post
                  Why this even came up is a mystery. The premise of her question was if a 'right' existed to buy. It doesn't. The privilege does provided the usual requirements are met. </div></BLOCKQUOTE>
                  When I read her post, the word "right" was not meant as an inherent right or inalienable right, but the legal ability to obtain a mortgage based on her special immigrant status. It is also why I included the information so that if or when she signs the mortgage papers, she might have some little clue on what she is signing.

                  As for what they, the bands, want to see, it depends, I have seen it both ways davdah. It just depends. It just depends on the front end ratio on the mortgage requirements, among other things. But I do believe the B paper has dwindled to nonexistence and should remain there. And this is where you and I can, at least agree.
                  "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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                  • #10
                    Of course, the new bill has a specific provision for those in deportation proceedings. You get a free mortgage as long as you maintain your withholding status.

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