Skip to content

Keeping Drivers License in Mortgage File

Answered by: 

I recently heard an experienced mortgage banker say that some bank governing body (not sure which one or if it's all of them) advises against keeping an actual copy of a customer's drivers license in the loan portfolio. Instead, we should just be keeping the valuable information from the document in the file. Is this truly valid?

This has been beat to death over the years. It generally stems from field examiner opinions as there have been federal level advisory opinions that indicate this is acceptable, if they are properly secured.

The BSA Exam Manual specifically addresses this in Footnote #49:

A bank may keep photocopies of identifying documents that it uses to verify a customer’s identity; however, the CIP regulation does not require it. A bank’s verification procedures should be risk-based and, in certain situations, keeping copies of identifying documents may be warranted. In addition, a bank may have procedures to keep copies of the documents for other purposes, for example, to facilitate investigating potential fraud. However, if a bank does choose to retain photocopies of identifying documents, it should ensure that these photocopies are physically secured to adequately protect against possible identity theft. (These documents should be retained in accordance with the general recordkeeping requirements in 31 CFR 103.38.) Nonetheless, a bank should be mindful that it must not improperly use any documents containing a picture of an individual, such as a driver’s license, in connection with any aspect of a credit transaction. Refer to “Frequently Asked Questions Related to Customer Identification Program Rules” issued by FinCEN, Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, National Credit Union Administration, Office of the Comptroller of the Currency, and Office of Thrift Supervision, April 28, 2005.

First published on 1/17/11

First published on 01/17/2011

Filed under: 
Filed under lending as: 

Banker Store View All

From training, policies, forms, and publications, to office products and occasional gifts, it’s available here:

Banker Store

hot right now

image description

Looking for effective, convenient training on a particular subject?

BOL Learning Connect offers more than 200 courses ON-DEMAND or on CD ROM from AML to Reg Z and every topic in between.

Search Topics