#1222591 - 07/24/0910:18 PMHUD-1 statement a "public record" document
Anonymous
Unregistered
Because of the sensitivity of this question, I have to post it via the anonymous venue. Is the HUD-1 statement a confidential statement or is it a statement of "public record". Someone is telling me I have to produce one "because it's public record anyway". My research indicated one can get any HUD-1 whatsoever via the Freedom of Information Act. But does that make the document a document of "public record?" And will I be violating someone's privacy if I release it? (anyone on this posting board have good inside or outside counsel they could ask?)
There is no need to consult outside counsel. You can produce a HUD-1 Statement involving a closing for one of your customers to anyone - I repeat - anyone - that produces a subpoena.
The Freedom of Information Act only covers government information, not non-public personal information of citizens of which a real estate closing consists. The only public information involved in a real estate closing is the filing of the lien documents.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com
(Original poster, here): Thanks for the info. I spent some time on the HUD website, and it does look like any schmoe can use the FOIA to request anyone else's HUD-1 whatsoever. In other words, if I were bored some day, I could request my neighbor's HUD-1, and HUD would have to give it to me if I paid the right fee. Can this possibly be true? At first, I too assumed that they must only mean HUD-1 from govt transactions, but it clearly said that because a federal form is used (the HUD-1) that anyone's HUD-1 document can be gotten.
"but it clearly said that because a federal form is used (the HUD-1) that anyone's HUD-1 document can be gotten."
Show me where it says that! HUD doesn't even get a copy of the forms. The HUD-1 forms are consumer disclosure forms and are delivered to the consumer involved in the transaction. The bank will retain a copy to prove compliance and it becomes part of the customer's file for which you would need a subpoena to access.
So tell me again - from where are you expecting to get a copy of the HUD-1 for my latest house purchase??
Sounds like you have been spending too much time on some of the conspiracy theory websites.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com
#1222919 - 07/27/0906:28 PMRe: HUD-1 statement a "public record" document Mint Julep
Georgia Plum
Unregistered
Randy's right. They don't even get a HUD-1. Even if they did, they would not provide it because Information involving matters of personal privacy is exempt from FOIA. Go to the link below, Page 14, #6.
Anon, we have a site for bank customers, bankingquestions.com, which is more appropriate than a site for exchanges between bankers.
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AndyZ CRCM My opinions are not necessarily my employers. R+R-R=R+R Rules and Regs minus Relationships equals Resentment and Rebellion. John Maxwell
#2046830 - 10/29/1509:09 AMRe: HUD-1 statement a "public record" document Rocky P
Anonymous
Unregistered
I think this person is giving you the correct information. Try the escrow officer or the real estate broker or the lender, but you should have gotten a copy of this HUD-1 statement if you were a buyer, seller, or lender to a real property transactio. This is my best understanding at this point.
#2104200 - 10/24/1601:34 PMRe: HUD-1 statement a "public record" document Rocky P
Anonymous
Unregistered
What if you were given NO copies of anything after closing. We only signed ONE piece of paper, HUD1 statement & attny @ the table, supposedly representing us. Would not provide a copy of What we had just signed,
i purchased a property with cash settlement now im refinancing for a loan and there asking for a HUD-1 closing statement if this form is so hard to obtain why is it needed in the first place. If its such an important document why can't it be easily replaced if lost or stolen makes no sense.
I only signed papers at the lawyers office is there any recourse if one can not be obtained
This is a banking website and you are asking legal questions. The lawyer's office where you signed papers is the place to go to obtain another copy if you cannot find the one you should have gotten when you signed.
fyi: A HUD-1 closing statement in general is a form. In particular, it is filled out with the information for the purchase of a particular property. That includes names, addresses, price, and all other costs and credits for that specific transaction. It cannot be easily replaced without access and knowledge to all the documents for that property purchase.
Can a Non Party to the transaction, request a Copy of a HUD-1 Settlement Statement after 30 Days ? Is this Public Information? I am not sure what would be considered private in the age of Full Disclosure. Everything that's on the HUD-1 seems to just indicate the Purchase Price,Fees Paid,etc...can someone clarify...
A HUD-1 is not a public document. It is a disclosure required to be given to the buyer and seller and with TRID, the use of a HUD-1 would be very limited in scope in today's world.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com
And no, all the details of my home purchase are not public information. You may be able to find out what your neighbor paid for their house through an MLS listing and property taxes can be found on tax authority websites but the rest is privvy to the parties involved only.
It is a disclosure that is given to them. Why would they be prevented from sharing it? It belongs to them. IF there is a concern, you can always use this option:
Lines and columns in section J which relate to the Borrower's transaction may be left blank on the copy of the HUD–1 which will be furnished to the Seller. Lines and columns in section K which relate to the Seller's transaction may be left blank on the copy of the HUD–1 which will be furnished to the Borrower.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com