refinancing 10 years later

[skyandme]

What is the name of your state (only U.S. law)? NC
First the background: My husband and I are refinancing our home to both cash out some equity to add an addition to the home and add my name to the house. We have been married almost 2 years. He has been living in this house for almost 15 years. He and is former wife lived here when they were married. They divorced and then about 1 year later he refinanced the house, took her name off, and paid her out her portion of the equity.
The question: His mortgage company said we were "qualified" and the loan was approved. We began turning in the requested paperwork, which included a copy of his child support order. Now they are asking for a copy of his custody order! Why would they need this and is this legal? The support I can understand because that is a monthly expense but the custody order has nothing to do with the refinancing of a mortgage (that is currently ONLY in HIS name).
Thanks!

 

[Banned_Princess]

What is the name of your state (only U.S. law)? NC
First the background: My husband and I are refinancing our home to both cash out some equity to add an addition to the home and add my name to the house. We have been married almost 2 years. He has been living in this house for almost 15 years. He and is former wife lived here when they were married. They divorced and then about 1 year later he refinanced the house, took her name off, and paid her out her portion of the equity.
The question: His mortgage company said we were "qualified" and the loan was approved. We began turning in the requested paperwork, which included a copy of his child support order. Now they are asking for a copy of his custody order! Why would they need this and is this legal? The support I can understand because that is a monthly expense but the custody order has nothing to do with the refinancing of a mortgage (that is currently ONLY in HIS name).
Thanks!

So what. give it to them.

Do you want the loan or not? jeez. Banks have tightened up, and apparently they want documentation of everything, as opposed to the proof-less loans of the past.

whats your beef with forwarding a custody order for a loan?

 

[LdiJ]

So what. give it to them.

Do you want the loan or not? jeez. Banks have tightened up, and apparently they want documentation of everything, as opposed to the proof-less loans of the past.

whats your beef with forwarding a custody order for a loan?

Custody orders can contain quite a bit of very personal information. I would have a problem with providing that to a mortgage company as well.

 

[mistoffolees]

Custody orders can contain quite a bit of very personal information.

And a mortgage loan document doesn't?

I would give them the document as well - or try to find another bank. If there's something extraordinarily sensitive in the custody document (although it's hard to imagine what that might be), I would black it out.

 

[skyandme]

We do not wish to include personal information about the custody papers for the welfare of the children. I simply want to know why (when our credit rating is excellent and we have been with this company for over 10 years) they want to know about the custody of his children.

 

[mistoffolees]

We do not wish to include personal information about the custody papers for the welfare of the children. I simply want to know why (when our credit rating is excellent and we have been with this company for over 10 years) they want to know about the custody of his children.

They don't have to provide you with information on why they want the custody papers. Unless a request is forbidden by law, they can ask.

You can choose to give it to them and get the loan or not give it to them and hope that someone else won't ask.

It's just not clear why a custody paper is so incredibly sensitive. Most documents state that person x gets such and such custody rights and person Y gets such and such rights.

If it does have something like "person X will be entitled to unsupervised visitation as long as he takes and passes a weekly drug test", then you can try to black that portion out, but it may be rejected. You'll still be faced with the same decision. Do you want the loan more than you want your privacy? No one here is going to change the fact that you may have to choose between the loan and your privacy.

 

[skyandme]

OK well I will not be coming back to this site. I wasn't looking for judgements and smart aleck answers about why or what the papers did or did not contain. I was simply looking for an answer about the legal issue. I am not willing to put my families personal information into just anyones hands to do with as they wish uless they can explain to me the reason. I thought this site had attorneys to answer but apparently I was incorrect. My mistake!

 

[Silverplum]

You did receive valid legal info. It's not the fault of the volunteer advisors that you don't LIKE the valid legal info.



Further, your real problem lies with the mortgage company. Talk to THEM. Complain to THEM.

This has naught to do with anyone here at FA.

OK well I will not be coming back to this site. I wasn't looking for judgements and smart aleck answers about why or what the papers did or did not contain. I was simply looking for an answer about the legal issue. I am not willing to put my families personal information into just anyones hands to do with as they wish uless they can explain to me the reason. I thought this site had attorneys to answer but apparently I was incorrect. My mistake!

 

[mistoffolees]

OK well I will not be coming back to this site. I wasn't looking for judgements and smart aleck answers about why or what the papers did or did not contain. I was simply looking for an answer about the legal issue. I am not willing to put my families personal information into just anyones hands to do with as they wish uless they can explain to me the reason. I thought this site had attorneys to answer but apparently I was incorrect. My mistake!

Do you always run away crying when you get advice you don't like?

That must work wonders when you visit the doctor. If you don't like the advice, yell at him and tell him you're never coming back.

 

[LdiJ]

Do you always run away crying when you get advice you don't like?

That must work wonders when you visit the doctor. If you don't like the advice, yell at him and tell him you're never coming back.

In this instance I don't think that is fair. Custody orders frequently contain sensitive information about the children, as well as sensitive information about the parents. Its not always a cut and dried "who gets what". I have seen custody orders that actually contain the social security numbers of the children.

I can understand a mortgage company wanting to see the child support orders, in order to verify who does or doesn't have to pay child support, (because that is relevant) but the custody orders is a bit much.

Skyandme, are you and your husband dealing directly with the mortgage company, or are you dealing with a mortgage broker who is dealing with the mortgage company?