Legal Question in Real Estate Law in Florida

Bank Statements - Privacy Issues

Hello, my father is in the process of purchasing a condo in FL, but his debt income ratio is high because one of his debts is for a car loan. The car loan is in my father's name only, but the car is actually mines. The mortage broker informed my father to give him a copy of my bank statement as proof that I pay for the car to reduce his debt ratio. I don't feel comfortable providing my bank statement because it includes all transactions. So, I had my bank to write a formal letter stating that 'x' amount is deducted from my account to pay 'y' company on 'z' date. The mortage broker said that this is not acceptable and he needs the copy of my bank statement. Should I provide my bank statement with ALL of my financial info? Any other suggestions?


Asked on 2/24/04, 7:10 am

3 Answers from Attorneys

Robert R. Groezinger GroezingerLaw P.C.

Re: Bank Statements - Privacy Issues

No money unless you do what they say. Clearly, they are in charge, even though it affects you.

They also want to see that the money has consistenly come from there.

Good Luck

RRG

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Answered on 2/24/04, 7:45 am
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Bank Statements - Privacy Issues

Have you heard of the Golden Rule? The one with the gold makes the rules, and in this case the bank has the gold that your dad is searching for to be able to close on the condo purchase. In this case, it appears the bank is not going to give your dad the money unless they get the documents they are requesting. If you do not comply, then your dad does not get the money. It's that simple. I'm not sure why you are so worried about providing a copy of your bank statements to your dad's mortgage broker. How can your dad's mortgage broker or lender hurt your interests by being privy to copies of your bank statements? If you are hiding from creditors, please note that bank statements are not covered by any work-product or attorney-client privilege post-judgment, so such documentation may be obtained from any judgment creditors you may be dealing with by simple discovery methods (i.e., request to produce, subpoenas). Do what you think is right for you and your dad. Good luck.

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Answered on 2/24/04, 12:29 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Bank Statements - Privacy Issues

I concur with the previous writers that you may not have a choice but to give the information. I might suggest that you try to get a confidentiality letter from the broker that says that the information will only be used to assist your father in getting his mortgage and for no other purpose. They might not give you this, so you are left with a business decision on what you want to do.

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Answered on 2/24/04, 4:50 pm


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