Legal Question in Employment Law in California

On leave information disclosed to Mortgage Company

I am presently on disability. I am not receiving pay. I am still an employee for a company but not have received the okay by my doctor to return to work. I am applying to refiance my house to get money to pay for expenses. When the mortgage company checks with my employer to verify if I work for the company they are directed to go to a website. The website list me as being ''on leave''. I was not able to get the loan and I'm almost broke. I did sign a disclosure stating that medical information could not be released to anyone without my permission but I can't find my copy, although I'm sure the company would have one on file. What are my rights?


Asked on 12/09/04, 10:53 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: On leave information disclosed to Mortgage Company

It is not clear to me what you are implying. If you are not currently working and have no income, you cannot report to a lending company that you are receiving income. You could be accused of committing fraud. If you use your employer as a reference, they can (and should) report truthful information to the mortgage company. Stating that you are on disability is not a violation of your privacy, it is a truthful statement you authorized by listing them as your employer. If your employer provides personal medical information about you without your consent, that would be different.

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Answered on 12/14/04, 12:36 pm


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