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Providing an entire loan file to an Executor

Question: 
Providing an entire loan file to an Executor
Answer: 

Answer by Randy Carey:

Talk to your legal counsel.

Answer: 

Answer by Andy Zavoina:

The fact that a debt exists and collateral which may be encumbered seems like the information required. Privacy would be an issue to me, of all the borrower's. We don't know if the debts are as a borrower, co-borrower, guarantor, consumer or commercial debt(s), etc. At the very least any information on other parties may require the consent of those parties as the release of this to someone other than the borrower could pose a conflict of interest.

As to the specific request on a credit report - banks do not normally disclose these to borrowers. The bank analyzes and may inquire for details, but copies are not given. Borrowers are referred to the credit bureau for a copy of their own report which is in a consumer friendly format and the provider of the report can answer questions on it, not the bank as a user.

I would resist and if demanded, consult that attorney Randy referenced. I hate going to that expense if the executor is just asking to have it. Specific reasons for specific things would be required.

First published on 06/19/2022

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