What is the name of your state? NC
I'm not really sure what category (if any) this would fall under...
We own a mobile home that we are in the process of selling to a couple. We typed up a contract that spells out the whole deal. One of the contractual agreements was that the buyer was to obtain homeowner's insurance and that amount would be over and above the monthly payment. At the very beginning of the agreement, they took it upon themselves to call OUR mortgage company (who still owns a lien on the home) and add their insurance to our account. Effectively, if they did not pay the insurance, we were held liable. They did not consult us on this matter and neither did the mortgage company. We decided to let them do it as long as the payments were made.
Just recently, we have found out that they have been calling our mortgage company for information on our account. The mortgage company claims to have no knowledge of them calling, but they know things (such as payoff amount, etc.) that they otherwise would have no access to. My wife called the mortgage company to alert them of fraudulent account access by our buyers. They have been denied access to our account since then (as far as we know.)
Monday evening, my wife spoke with the mortgage company and found out that the insurance bill was never paid this month, so she cancelled the insurance (our right to do since it was being billed to our account) and then left a message with the buyers to let them know. My wife spoke with the mortgage company again this morning, who told her that the buyer called again last night demanding access to our account information.
Has a crime been committed here? Is our buyer guilty of some sort of identity fraud if she mislead our mortgage company to gain access to our personal account information? Furthermore, is the mortgage company liable for any damages that may or may have resulted from their failure to protect our personal information?
Thanks!
I'm not really sure what category (if any) this would fall under...
We own a mobile home that we are in the process of selling to a couple. We typed up a contract that spells out the whole deal. One of the contractual agreements was that the buyer was to obtain homeowner's insurance and that amount would be over and above the monthly payment. At the very beginning of the agreement, they took it upon themselves to call OUR mortgage company (who still owns a lien on the home) and add their insurance to our account. Effectively, if they did not pay the insurance, we were held liable. They did not consult us on this matter and neither did the mortgage company. We decided to let them do it as long as the payments were made.
Just recently, we have found out that they have been calling our mortgage company for information on our account. The mortgage company claims to have no knowledge of them calling, but they know things (such as payoff amount, etc.) that they otherwise would have no access to. My wife called the mortgage company to alert them of fraudulent account access by our buyers. They have been denied access to our account since then (as far as we know.)
Monday evening, my wife spoke with the mortgage company and found out that the insurance bill was never paid this month, so she cancelled the insurance (our right to do since it was being billed to our account) and then left a message with the buyers to let them know. My wife spoke with the mortgage company again this morning, who told her that the buyer called again last night demanding access to our account information.
Has a crime been committed here? Is our buyer guilty of some sort of identity fraud if she mislead our mortgage company to gain access to our personal account information? Furthermore, is the mortgage company liable for any damages that may or may have resulted from their failure to protect our personal information?
Thanks!