Legal Question in Credit and Debt Law in New York

Realator lost our credit info...

Hi, My wife and I are NYC residents who were close to buying a coop recently. As Coops work, one needs to provide almost ALL of their personal and credit info on the application (moths worth). We did not buy the place and the realator left our application in her mailbox for us to pickup. When we arrived, it wasn't there. She doesn't know what happened to it. It is basically an ID theft package. We may have to freeze our credit but were going to apply for a mortgage in the next few weeks, as we're very close to having our first baby and need to find a place desperately. Is her negligence grounds for a suit? Or would it only be the case AFTER someone has stolen our IDs? Thanks for any help.


Asked on 2/01/08, 2:50 pm

2 Answers from Attorneys

Steve Brodsky Esq. CheapNewYorkLLC.com

Re: Realator lost our credit info...

You may possibly have case for negligence IF the loss/theft results in damages to you. In the meantime, you would be well advised to take precautions now and not wait until it's too late.

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Answered on 2/01/08, 4:13 pm
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Realator lost our credit info...

Take care of your personal information first, change what information can be changed, SS#, bank account information, credit cards, etc. Keep excellent records of your expenses incurred. Hopefully, there will be no further damage to your credit. Once that is handled, then you can turn your attention to the broker whose careless (negligent) acts could cost you plenty going forward. note there is a relatively short statute of limitations...don't let the matter go beyond it! Keep excellent records it may result in punitive damages being imposed for serious amounts...

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Answered on 2/01/08, 5:34 pm


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