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Roger
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Category: Real Estate Law
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Do I have a legal right to obtain from Bank of America a copy

Resolved Question:

Do I have a legal right to obtain from Bank of America a copy of all records it holds on one of my mortgage accounts with them? (Through myriad mis-steps on their part, they have wasted more than 14 months of my time on a deed-in-lieu transation gone irreparably bad. I have some electronic notes, but others are hand-written. And I'd like FULL documentation in case I decide to take action.)

If I DO have legal right to obtain a copy of all the records, but Bank of America claims it is against their policy to give the info. to me, does law supercede policy?

Thank you.
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  Roger replied 6 years ago.

Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney here to assist you.

 

You absolutely have a right to this information - it's your loan documents; you're not required to issue a subpoena for them because they're yours.

 

All you should have to do is send them a written request for the documents. If the lender refuses, you should contact your state department of banking (http://www.flofr.com/banking/) and ask for help getting your documents.

 

Customer: replied 6 years ago.

To ensure we're talking about the same thing -- I am not looking for my loan documents; I am looking for a copy of all the notes they took in their system on the actions they have taken on my mortgage account throughout this 14+ month debacle, discussions we have had, etc.. As noted in my initial question, I do have emails that address some of their mis-steps and activities, but only hand-written notes on some of their activities.

 

If I do have legal access to all the notes in their system, would I send a written request to the senior person in the deed-in-lieu department? If not, who? Would an email request suffice, or would it have to be a written/mailed request?

 

Many thanks.

Expert:  Roger replied 6 years ago.

Ok......Sorry. I misunderstood.

 

You don't have a legal "right" to these documents. However, you can subpoena the documents and they'd have to turn them over per the court order. But, in order to have a subpoena issued, you must have a pending lawsuit against the bank.

 

So if you decide to file suit against the bank, you can get those documents then.

Roger and 2 other Real Estate Law Specialists are ready to help you
Expert:  Roger replied 6 years ago.

Ok......Sorry. I misunderstood.

 

You don't have a legal "right" to these documents. However, you can subpoena the documents and they'd have to turn them over per the court order. But, in order to have a subpoena issued, you must have a pending lawsuit against the bank.

 

So if you decide to file suit against the bank, you can get those documents then.

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