Legal Question in Real Estate Law in New York
Mortgage confidentiality?
Thank you for answering my
question. I have a mortgage on my
apt, and I am listing it soon with a
real estate agency for sale. My
question is, is my mortgage loan
information public knowledge or
confidential? Is there any way that a
lawyer or real estate agent find out
the details of my mortgage? I have
serious reasons for asking this. I
have a difficult ex husband that I do
not want to find out the details of my
life, and I am worried about this.
Thank you again.
2 Answers from Attorneys
Re: Mortgage confidentiality?
A mortgage is filed with the local county clerk. It is a public document and therefore not confidential. A lawyer or real estate agent my find the details (and read the mortgage) through a simple search at the county clerk.
Mike.
Re: Mortgage confidentiality?
Mike is correct about both the public nature of your mortgage and that anyone can get the information. In fact, most recorded information is now readily available at recording office web sites and anyone can look at the information. Also, this information needs to be disclosed as part of the closing on your sale, and it will be revealed as soon as a title search is obtained.
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