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#2173429 - 04/13/18 04:45 PM Giving Loan Information out to Collateral Owner
Shondra Offline
Member
Joined: Apr 2014
Posts: 89
I have a loan officer who is wanting to give loan information (such as balance, payment amount, whether the loan is current, etc.) to a person that is only a grantor of collateral in the transaction. The transaction is a commercial real estate loan, and the collateral owner would like to get this information in order to start making the loan payments if the borrower stops paying. The collateral owner/grantor is not a guarantor or any other way obliged on the loan. Are we allowed to give this information to them just because they granted the collateral?

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Lending Compliance
#2173448 - 04/13/18 05:31 PM Re: Giving Loan Information out to Collateral Owner Shondra
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,396
Galveston, TX
Why would you not? I am sure the LO does not want to be standing in front of a judge during the foreclosure proceeding and have the owner of the property tell the judge that they tried repeatedly to get information on the loan that was secured by their property and the bank refused to tell them anything prior to initiating foreclosure.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2173485 - 04/13/18 06:49 PM Re: Giving Loan Information out to Collateral Owner Shondra
Shondra Offline
Member
Joined: Apr 2014
Posts: 89
blush Right, I wasn't thinking from that angle, just thinking about privacy concerns. But the collateral owner would have every right to know if their property was in danger of foreclosure.

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#2173505 - 04/13/18 08:18 PM Re: Giving Loan Information out to Collateral Owner Shondra
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,396
Galveston, TX
You said a commercial loan, so Reg. P would not apply, but even if it did under 1016.15(a)(2) you have the following exception:

(iv) To persons holding a legal or beneficial interest relating to the consumer

If pledging collateral for a loan is not a legal or beneficial interest relating to the consumer, I'm not sure what is.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2173591 - 04/16/18 01:52 PM Re: Giving Loan Information out to Collateral Owner Shondra
David Dickinson Offline
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David Dickinson
Joined: Nov 2000
Posts: 18,763
Central City, NE
As Randy points out, Privacy has exemptions. In general, there are lots of exemptions that basically say you can provide info to those that need to know. Just ensure they are who they say they are and that they have a need to know.

Too many institutions say Privacy won't let them verify checks, help other institutions find a customer that has skipped out on them, etc. That's not what Privacy says and the authors (Gramm, Leach and Bliley) have all said that's not what they intended when they wrote the Act.
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David Dickinson
http://www.bankerscompliance.com

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