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#2289715 - 10/16/23 11:56 AM Unauthorized credit report
plm18banker Offline
Junior Member
Joined: Mar 2012
Posts: 27
We had a loan officer do a credit report in error on a spouse that is not on the application. What options do we have to correct this?

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#2289716 - 10/16/23 12:00 PM Re: Unauthorized credit report plm18banker
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 85,313
Galveston, TX
Fire the loan officer?

There is nothing that you can do beside wait to see if you get sued. There is no un-do button. Do you happen to be located in a community property State?
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2289717 - 10/16/23 12:02 PM Re: Unauthorized credit report rlcarey
plm18banker Offline
Junior Member
Joined: Mar 2012
Posts: 27
No we are not a community property state. I assume that makes a difference?

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#2289718 - 10/16/23 12:10 PM Re: Unauthorized credit report plm18banker
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 85,313
Galveston, TX
Where permissible purpose exists. A creditor has a permissible purpose to obtain a consumer report on an applicant’s spouse if that spouse will be permitted to use the account or will be contractually liable upon the account, or if the applicant is relying on the spouse’s income as a basis for repayment of the credit requested. In addition, a creditor may obtain a consumer report on an applicant’s spouse if (i) the state law doctrine of necessaries (which may make a consumer liable for certain debts of a spouse) applies to the transaction, (ii) the applicant resides in a community property state, (iii) the property upon which the applicant is relying as a basis for repayment of the credit requested is located in such a state, or (iv) the applicant is acting as the agent of the nonapplicant spouse.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2289720 - 10/16/23 12:46 PM Re: Unauthorized credit report rlcarey
plm18banker Offline
Junior Member
Joined: Mar 2012
Posts: 27
Thanks

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#2289894 - 10/19/23 12:31 PM Re: Unauthorized credit report plm18banker
Rocky P Offline
Power Poster
Joined: Jun 2003
Posts: 7,809
Florida
Like Randy mentioned, pulling a credit report when you shouldn't can be expensive. Many years ago a bank learned that the hard way. They just purchased an auto leasing subsidiary. One of the salesmen oridered 6 credit reports to see if he should try to get the customers to purchase their vehicles at the end of the lease.

It cost the bank $5,000,000.00 plus attorney's fees for those 6 credit reports.
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#2289903 - 10/19/23 03:10 PM Re: Unauthorized credit report plm18banker
Monster Offline
Platinum Poster
Joined: Sep 2015
Posts: 503
At a prior bank we were able to call our credit report vendor and have the extra credit pull (several on the same day for us) reversed. I believe it only worked because we called the same day the pulls happen, but worth a try.

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