     hapness | Wednesday, December 08, 1999 - 09:15 pm 
Is it legal for my spouse which I am separated from to obtain a copy of my credit report from a mortgage company without my permission or knowledge. My husband and I never had any information crossed referenced until now these lenders decided to use my income to increase his buying power. |
| rcb | Thursday, December 09, 1999 - 04:55 am
Your credit report has no indicator of your income. You verify that via paystubs, year end W2's, tax returns and documentation from your employer. Your credit report doesn't show your income, it only serves as an indicator of your willingness to pay back your debtors.
To answer your question - no, it is not legal for someone to obtain a full copy of your credit report(s) without your written permission. Does it happen? Yes. Is it legal? No. :) |
| Christine Baker | Saturday, December 11, 1999 - 11:31 pm
What's that smile for, rcb?
Haples should IMMEDIATELY fax to the mortgage company to demand an explanation and removal of the inquiry, as it was unauthorized.
This unauthorized inquiry lowers her credit score.
Don't know what one can do if it turns out that the ex husband forged her signature on the credit authorization.
A copy of the demand should go to the mortgage company's licensing agency, so that they'll have to give a written statement as to what happened. It'll probably motivate the mortgage company to comply with her demand to have the inquiry removed.
It looks like the ex husband is attempting to pull something here.
This is not a laughing matter. All he needs to arrange is a notary to "witness" her signature (it's done all the time), and she'll have a hell of a time dealing with that loan.
He might even start applying for all kinds of financing in her name.
If Haples doesn't take action now, she'll be accused later of "agreeing" to whatever is going on here.
Good luck,
Christine |
| Christine Baker | Saturday, December 11, 1999 - 11:43 pm
I had mistakenly thought they're divorced. I can't tell whether they are *legally* separated.
This is even worse, and I hope haples has a divorce lawyer to discuss this with.
But she should still send out the demands right away too. (Unless she's got the funds to pay the attorney to do it all.)
Depending on the State they live in, she could possibly end up legally owing on any loans he obtains, with or without her signature.
I think haples should file legal papers ASAP. |
| rcb | Sunday, December 12, 1999 - 05:12 am
Err ... the wrong key. I meant :(
Oh, well ... :) |
| Sean | Sunday, December 12, 1999 - 09:42 am
What normally happens in matters like these is the ex-spouse uses the victim's credit information and/or income to qualify for a loan, doesn't pay and then the victim finds out after the fact.
Usually the victim is too timid to take the proper approach, which is to contract the district attorney and have them take action. Usually they feel that would be too harsh considering that their ex-spouse might end up incarcerated for loan fraud.
Also considering that they are not divorced, if they live in a common-law state any debts he gets before the divorce may become her legal liability. How do you avoid this? Easiest way is a prenuptual agreement although it's a little late for that now.
I'd just say the victim should either sit down with hubby and patch things up or go the whole divorce route. Definitely they should contact the mortgage company by certified mail, return receipt to warn them of the situation. |
| Kristy Welsh | Monday, December 20, 1999 - 08:52 am
Ya know, it's going to be a tough battle to get the inquiry removed, you will have to provide proof or get a letter from the mortgage company, and is it all worth it? It may lower the score, but this may be by a small amount, you'll have to weigh this versus the time spent in getting the inquiry removed.
As a side note: I wouldn't worry about the spouse actually getting a mortgage in both of their names without the other's knowldge or approval: both spouses will have to sign lots of paperwork and provide proof (like a driver's license) in order for the loan to go through. |
