Legal Question in Business Law in California

Privacy Rights

I am in the process of refinancing my home and have been approved to be closed end of the month but wanted the latest statement of my MOrgan Stanley Investment Statement which I gave them in the beginning. I faxed and they said they want all seven pages. The first page shows how much money I have, the deposits and withdrawals, which I feel is all they need. The other pages only shows how much money is invested in each stock. They have copies of my other bank statements which more than qualifies me for a 75% loan to value. Please let me know if I have a leg to stand on. Thank you. Annie


Asked on 7/18/04, 3:37 pm

4 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Privacy Rights

1. You have a right to refuse the information.

2. The lender has a right to deny you credit.

3. The request is not unusual.

In 40+ years in business, finance and law, this doesn't seem more than the usual prying by a lender......they probably don't need the data, but also may wonder why you withheld certain pages.....it could be they are concerned about the liquidity of the investments, for example.

You can stand on principle and refuse the info, that's your right; if you do, there is perhaps a 50-50 chance (or better) that your application will be declined, and that would be the lender's right.

Unfortunately, borrowing requires acts of humility and subservience by the borrower. I don't believe it should be that way, but it is.

Read more
Answered on 7/19/04, 1:06 am
Ken Koenen Koenen & Tokunaga, P.C.

Re: Privacy Rights

This comes under the Golden Rule ... He who has the gold, makes the rules. You are not required to give them any infromation. On the other hand, they are not required to loan you the money. Your other alternative is to seek another lender. A 75% loan to value should not require that much paperwork, unless you are looking for an exceptional interest rate.

Read more
Answered on 7/19/04, 1:23 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Privacy Rights

Perhaps they want to determine whether your investments are sound. It appears to be an absurd request, and I agree with you. If they don't go along, then you might want to investigate some other lender and explain before signing what the problem was.

Read more
Answered on 7/18/04, 5:01 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Privacy Rights

The lender has no right to see anything, but the lender also has no obligation to loan you money. If you want the lender to put up the money, you'll probably have to comply with their requests.

Read more
Answered on 7/18/04, 6:49 pm


Related Questions & Answers

More Business Law questions and answers in California