November 1, 2009
WORD: Release Letter
And the WORD for Today is...
Release Letter – is a letter or statement prepared to indicate that one party is granting permission for the release of information (usually personal) to a third party. In real estate, such a release letter is frequently needed to allow a lender to divulge financial information. In the case of a borrower who is in default, a release letter should be signed by the mortgage holder before a default or foreclosure counselor could intervene and talk directly to the servicer on the borrowers’ behalf. Federal privacy laws protect consumers from the risks associated with unauthorized parties being given personal information. If there are two borrowers (co-borrowers) then both should sign such a release.
Federal privacy laws forbid the sharing of certain types of information (financial, medical, etc.) without express written permission being granted. A release letter is a method of protecting both the individual whose information will be shared and the organization which is providing personal information to a third party. For real estate purposes, the release would certainly be needed if a borrower were in default and either, a) used the services of a counselor or consultant to intervene and attempt a workout (release supplied to lender) or b) needed to list their home with a real estate agent. The agent would also need to supply the lender with a release letter in order to facilitate a sale. In addition, the borrower must grant permission for a real estate salesperson to disclose, in advertising, that the sale will be a short sale or will require lender approval. Either statement would allow someone to presume (accurately) that the borrower is in default.
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You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.
(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)
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