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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 11875
Experience:  JD, MBA
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We moved into a mortgage-financed home we purchased in March.

Customer Question

We moved into a mortgage-financed home we purchased in March. The lender just called this last week and said they are being audited and our file has been red-flagged and the auditors don't believe we are living in our home. She requested I send her a utility statement as proof we are living in the home, and told me the burden of proof is on me to show we are living here. I was busy and forgot to do so the same day, and the next morning she called and left a voicemail stating that the request was very urgent, she needed the document the day before, and that I should get it to her immediately before the lawyers get involved. I was upset she threatened me, and wrote her an email requesting a written request before sending out personal documentation/information. Now I'm concerned I should have just sent it to her, because I don't want mortgage problems. What rights do I have? What are my responsibilities?
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 3 years ago.

VAMD, Esq. :

Hello and thank you for allowing me the opportunity to assist you.

VAMD, Esq. :

You were given just one day to send the utility statement?

VAMD, Esq. :

It sounds to me like she dropped the ball in making the request to you, and now she is freaking out.

VAMD, Esq. :

I wouldn't worry too much about it. You can't get kicked out of your house just because you didn't provide a utility statement.

VAMD, Esq. :

And I think that it was fine to ask for a written request.

VAMD, Esq. :

If I were you, I'd wait for the written response, and then send in the statement.

VAMD, Esq. :

My guess is that the employee should have asked soon, and failed in that regard, and is now scrambling to get the paperwork in order.

VAMD, Esq. :

All you need to do is provide the statement. It would be up to the lender to prove that you don't live there.

VAMD, Esq. :

Are you online?

VAMD, Esq. :

It appears that you're offline, so I will end our chat. Feel free to respond if you have any follow-up questions. Otherwise, please rate my answer. Thank you for using our service!

Customer: replied 3 years ago.
One more piece of info that may or may not be related. A couple of months ago a couple of women pulled into my driveway and asked me who lived here. It was very strange because we live on a dead-end gravel road in the middle of farm country and no one just "stops by", and one woman had a clip board, the other had a laptop. I asked who was asking, and she said "the bank". I said "what bank", and she gave me a name of something I had never heard of, like National Financial Corp or something to that effect. I told her I didn't have a relationship with that bank and don't provide information without cause, and she asked if a man lived there. The name she gave was similar to my husband's, but not he same, so I said no one by that name lived here. I'm concerned now that was the bank's way of checking on us, but it was very strange. I was so alarmed by it that I called the Sheriff's office and a deputy came by to see if he could find the car in the area because I was concerned it was some sort of scam. If I have to prove I live here because they don't believe we do because of that, how do I prove it?
Expert:  TJ, Esq. replied 3 years ago.
Hi again.

Wow, that is bizarre. What bank is this, if you don't mind me asking? I would have called the sheriff too. That situation seems so unprofessional, it's shocking to be honest.

If you're put in a situation where you need to prove that you live there, then you can provide the utility statement (as you know), provide a copy of your driver's license, a tax return, get a neighbor to make a statement, etc. If push came to shove and you needed to prove it in court (which is highly unlikely), then almost anything that indicates that you live there would be admissible ... even a library card.

This situation is strange enough to warrant a call to the bank, in my opinion. I'd ask for a manager, explain the phone call and the strange visit from the person in the car, and demand an explanation for what is borderline harassment. I would not hesitate to let the manager know that you are very displeased with the unprofessionalism.
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Customer: replied 3 years ago.
It is the University of Iowa Community Credit Union. They have fantastic rates, but that's all. I think I will call the manager and ask what is going on and express my displeasure. A friend suggested I play the harassing voicemail for a manager as well.

Your response makes me feel a lot better about the situation. We have certainly been living here and if all I need to provide is evidence as simple as what you have listed it would not be difficult to prove. Thank you so much for your help.
Expert:  TJ, Esq. replied 3 years ago.
I see. Credit unions are peculiar, that's for sure. Since they're local, they certainly work differently than national banks.

You're quite welcome, and thank you for using our service!

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