Legal Question in Real Estate Law in New York

my mortgage co. knows i have no funds in my checking account,they want me to let them draw a check from my account anyway .is this asking me to commit fraud?they also left personal info on my answering machine.doesn't that violate my rights?the privacy act.

Asked on 6/29/13, 5:53 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

I do not believe their request for authorizing direct withdrawals from your checking account is mandatory, but only consensual. Many mortgage companies request this to avoid late payments and therefore late charges. This is a usual alternative and not a requirement. The telephone contact seems to be lawful also, if you have authorized them to contact you by phone. You do not indicate what "personal information" they have left, so my response to this question requires more information.

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Answered on 6/29/13, 9:25 am

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