Is there any action that I can take if my mortgage company accidentally sent over my entire mortgage application file to my employer and HR department?

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Is there any action that I can take if my mortgage company accidentally sent over my entire mortgage application file to my employer and HR department?

The file included my bank account info, purchases, past employment, my wife’s information, etc. They only thing that was supposed to be sent over was an employment verification sheet. Can/should I take action?

Asked on June 15, 2015 under Real Estate Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

What they did was wrong. But there's not anything you can really do, unfortunately. The legal system doesn't really vindicate right and wrong; what it does is provide compensation for losses--actual physical injury or monetary losses--caused by the improper actions of another. If the file being sent over resulted in you losing your job, or someone committing identify theft against you, then you could sue: their negligence (carelessness) would have caused you an actual loss. But if, as we hope, nothing happened other than this felt like an invasion of your privacy, there's no point in taking legal action: you would not be able to get compensation, and would spend money on the lawsuit without receiving anything.


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