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  1. #1
    Join Date
    Apr 2011
    Posts
    1

    Default Consumer Privacy of Non-Bankruptcy Filing Joint Tenant

    My question involves a consumer law issue in the State of: New Jersey
    I own a house with someone. The other person is not a relative of any kind (not married, no domestic partnership etc.). The person filed for bankruptcy. I did not. I wrote a letter to the mortgage company to ask a question regarding possibly refinancing my mortgage. The mortgage was not in arrears of any sort. The mortgage company sent me a letter indicating that they sent a letter to my bankruptcy attorney and needed his written authorization before discussing any workout options. First of all I did not file for bankruptcy my name was in no way associated so the attorney to whom they wrote. Secondly, the letter I sent was not regarding any workout options. The mortgage is not behind...nor has it been. I was simply inquiring about a refinance. I have written my mortgage company 4 times asking for a copy of what was sent to the lawyer and the only response I received from my mortgage company was that they had bankruptcy indicators on my loan and that is valid under chapter 7 rules. My question is did my mortgage company have the right to send any information regarding my inquiry to someone whom I have no dealings with?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,964

    Default Re: Consumer Privacy of Non-Bankruptcy Filing Joint Tenant

    It sounds like the bank is confused and believes you're represented by the lawyer. If your efforts to do so yourself aren't working out, how about asking your co-owner to have their lawyer try to straighten out the error?

    What makes you think that your communication in relation to a mortgage you took out jointly with this other person must be kept confidential from your co-borrower?

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