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  #1  
Old 11-02-2006, 08:57 PM
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Join Date: Nov 2006
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Unhappy

Homeland security privacy invasion


What is the name of your state? Missouri

My wif e and I decided to live apart, but not divorce. We agreed on a price for her to buy a house, I refinanced our house and removed her name from the deed. She got her own mortgage and bought a house. Both deals closed fine a little over 1 month ago. Her mortgage company sold her loan to Chase who has been harassing and threatening me ever since. They asked for a copy of the cashiers check and HUD, which I provided to make life easy. Now they want more, my complete bank records threatening to foreclose her loan. They are claiming they need to know where ever dime came from for homeland security. I say this is crap, no crime has been committed and they are invading my privacy. I asked them to put their request in writing and they have not done so.
I checked statute 1544 and it clearly says real estate is exempt from the 10k rule...

What are my rights here? I am not on her mortgage, just her. As far as i'm concerned I do not have to provide anything further. Do I have to sue these peole for invasion of privacy?

Thanks
  #2  
Old 11-03-2006, 08:32 AM
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Location: Ohio (southwest)
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Send a message via AIM to LindaP777
As long as the loan is performing (being paid), how can the bank foreclose??? They gotta be blowing smoke. I don't believe (just wait for others to correct if I am wrong) that you are obligated to supply them with anything short of an error or omission correction. You were nice enough to provide them the HUD and a copy of the cashier check - I would have told them to get that from the title company who handled the closing, or the original mortage company.

Last edited by LindaP777; 11-03-2006 at 08:34 AM.
  #3  
Old 11-03-2006, 08:41 AM
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Tell them that you would be happy to comply if and when they present a valid court order.
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  #4  
Old 11-03-2006, 08:43 AM
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Quote:
Originally Posted by BelizeBreeze View Post
Tell them that you would be happy to comply if and when they present a valid court order.
I love it when you talk all legal-like!!!
  #5  
Old 11-03-2006, 09:27 AM
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Join Date: Jun 2005
Location: Conshohocken, PA
Posts: 613
Quote:
They asked for a copy of the cashiers check and HUD,
I would have directed them to the title company that closed the loan. You were being nice, and now they're gonna try to take advantage of this.

Quote:
Now they want more, my complete bank records threatening to foreclose her loan.
See?
Inform them if they want you to do their research for them, there will be a $2,000 research fee to look up these records. Also inform them that this fee does not guarantee these records can be located.

Also remind the mortgage servicer that these are underwriting requirements that are being requested post settlement and that you absolutely refuse to offer them any documentation other than was offered during the original underwriting for the loan. For that, they can simply contact your current lender.

Before they have the opportunity do so, inform your current lender that someone has been attempting to secure your bank records by posing as a lending institution demanding documentation. Insist they release no information without an original signed authorization form from you, and that if they believe they have received said form from you, they are to call you immediately to determine its authenticity. Reference the Grahm Leach Bliley Act when you speak to them. Scares the pants off most mortgage companies when you threaten lawsuits disseminating your personal information without your express written consent!

Quote:
What are my rights here?
You have the right to remain silent Don't tell them sh!t about your personal finances, as they have no bearing on the loan your estranged wife has secured. She did that one her own. You have provided them with enough information to determine that the sale of your home is where the monies used to secure the mortgage came from. If they had done their research, and they still had concerns then the company shouldn't have bought your ex's mortgage loan from the primary investor!

Quote:
As far as i'm concerned I do not have to provide anything further
I agree completely. BB is right on the money here. Tell them to have a judge compel you to offer more information.


IMO, you should contact your local media. Get your story out there and inform the public as to Chase's underhanded and harassing activities. If no one else hears about this, some people are gonna listen to this balderdash and fork over documents they do not have to let Chase see!
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  #6  
Old 11-03-2006, 10:49 PM
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Join Date: Nov 2006
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Talking

thanks for advice


I want to thank you all for the advice.
Yesterday I told my wifes mortgage broker I would give them nothing without a request in writing from the source that wants the information and so far I've not heard a peep from them. I suspect the problem is entirely the mortgage brokers and they changed their mind on the deal...not my issue. Will keep you all posted...
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