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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: 5 years ago.
Category: Real Estate Law
Expert:  Roger replied 5 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 5 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 5 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 other Real Estate Law Specialists are ready to help you
Expert:  Roger replied 5 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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