Mortgage Broker

[greenjeans]

I don't where I should post this and I'm really getting any answers to my questions. I am in Texas and in the process of buying a home. Talking to our mortgage broker the other day he said that their system had been hacked and virus downloaded into the system. He can't even install a firewall or virus scan now. ALL of our credit info was on his computer. And sorry for the following vent, but he wants almost 10 grand for just our house alone for his 'fees' and he can't download a free !@#$ing firewall?? Here's the real legal question, anything and I mean ANYTHING will help. If our info was intercepted because of this guy and something happens to our credit due to identity fraud or anything else for that matter, can we, and his other "valued" customers hold him responsible? We are going to call him tomorrow and tell him he needs to remove all our info off EVERY computer, including his laptop (not like it helps now) and he needs to notify EVERYONE that has files on the computers. I can't believe anyone with any kind of important or sensitive documents doesn't have some kind protection. Also, if there is anything we can do that will require him to disclose to all his clients publically what happened, I would appreciate the help. So, if anyone has anything to offer, please PLEASE help me out.
Thank you in advance,
greenjeans
PS: He called today, but i couldn't bring myself to answer the phone. I've about had enough. The more it sits with me the more aggitated i get. I am about to rip out all of his physical internet connections out of the wall and cut them in half then remind him his costumers bothered to get "professional" help with a loan, he should at least bother with getting professional help with network security.

 

[ALawyer]

As someone holding confidential material he is likely legally required to use "reasonable commercial means" to protect the information.

If it was in traditional paper files, he'd need not have an armed guard and safe with a retina scan to protect entry, but at least locking the doors and having a night alarm would be requiried. In a computer system, some virus scan program is required. But it is not possible to protect against every virus -- there's a new one created every hour or so -- and still have useable data.

At this point, however, the issue is what damages flow from his breach. I don't know the financial implications as to how you were harmed, if you were. You can refuse to deal with him and get another broker, but as for his paying you because his files were essentially burglarized, I doubt you'll get much, if anything.