Posted by Gary-Oregon on January 03, 2007 at 16:16:41:
Have a great day!!!
mortgage co. refusing pay due to privacy act - Posted by gayle belanger
Posted by gayle belanger on January 02, 2007 at 12:33:05:
Briefly, I am going through a divorce, mortgage is in exes name, my name is on the deed. I have a restraining order against him for abuse and bestiality charges. I explained that I have no contact with him other than court and I don’t want my home foreclosed on due to his malfunction. I have emailed, called faxed any information they need or wanted at the mortgage company and they refuse to give me access due to the privacy act. Yet I went online and saw my home on a website for foreclosed homes. The funny thing is the mortgage is about $60,000 more than the property is actually worth. I just got off the phone again and explained that I am about to let the house be foreclosed on and let my exes credit suffer and let the company lose at the very least 60k. I want to know if legally I can go after this company for anything. Thank You kindly for your time, Sincerely, Gayle L. Belanger
Re: mortgage co. refusing pay due to privacy act - Posted by John Merchant
Posted by John Merchant on January 03, 2007 at 14:25:55:
Since the house isn’t worth the mortgage balance, if you can’t get them to negotiate the price down within reason, I’d forget it and move on.
But, for benefit of all, anybody who’s already IN court for any kind of proceeding involving RE might Motion the Court to get an Order that the Mtg. Co. give you full access, info, etc…and that’d take your lawyer all of about an hour to accomplish.
Another option is that you… - Posted by Gary
Posted by Gary on January 03, 2007 at 13:15:59:
Do you expect to be given the property in the divorce? If so, make up the back payments on the loan, have the divorce expedited, take the decree to the lender, then they will give you whatever information you need as the new owner.
In the mean time, communicate in writing to the lender explaining the circumstances. Make sure you keep a record of the letters and copies of the checks (preferably the cancelled checks - front and back). Send the correspondence by certified mail (return receipt requested), and reference the loan number, etc.
The reason to go through so much trouble is to establish the fact that you are the one making these payments.
I guess the real question here is… If it has debt in excess of value by $60K, why do you want it?
You might consider negotiating w/ the lender to buy it from them after the foreclosure for a more reasonable price, or offer to make the payments if they will rewrite the loan (but, again they won’t do this until you have a court order addressing the fact that you have been given the property).
LOL
Re: mortgage co. refusing pay due to privacy act - Posted by River City
Posted by River City on January 02, 2007 at 14:04:50:
Federal (and state) privacy regulations prohibit the mortgage company from giving you any information regarding the loan unless you are obligated on the Note. If you are not obligated on the Note, your ex-spouse must give them authorization to give you information. Most companies want this authorization in written form. They are doing their jobs in protecting your ex-spouses’ privacy. They made a written commitment to him to protect his/her privacy when his/her loan was closed.
If you want to save the home, you must go through him/her.