Signing IRS Form 4506 as a Prerequisite to a Mortgage Loan

UPDATED: Jul 17, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 17, 2023

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UPDATED: Jul 17, 2023Fact Checked

Many commercial lenders are asking prospective mortgage applicants to sign IRS Form 4506 a “Request for Copy or Transcript of Tax Form” as part of the application process. Once signed, it serves as the lender’s springboard to receive copies of the borrower’s tax return directly from the IRS for as far back as 4 years (or beyond). Presently there are no foolproof processes in place to stonewall the distribution or retention of the return, or to control who can scrutinize the consumer’s income and business return(s). Ordinarily, submitting copies of previously filed tax returns is required for loan approval. But be especially cautious of signing a blanket authorization for the lender to delve into data on a continuing basis without controls in place to insure privacy.

Case Studies: Signing IRS Form 4506 as a Prerequisite to a Mortgage Loan

Case Study 1: Unauthorized Access to Sensitive Tax Information

A mortgage applicant signed IRS Form 4506 granting authorization to their lender to obtain their tax returns directly from the IRS. However, due to inadequate security measures, an unauthorized individual gained access to the lender’s database and obtained sensitive tax information of multiple borrowers. The breach resulted in potential identity theft and financial fraud, highlighting the importance of robust encryption protocols like SHA-256 to protect confidential data.

Case Study 2: Data Retention and Third-Party Access

A borrower signed IRS Form 4506, allowing their lender to access their tax returns for loan approval purposes. However, the form lacked specific clauses regarding data retention and third-party access.

Consequently, the lender retained the borrower’s tax information beyond the necessary period and shared it with a third-party vendor without the borrower’s knowledge or consent. This emphasizes the need for clear guidelines and controls to ensure the secure handling and limited accessibility of sensitive financial data.

Case Study 3: Inadequate Privacy Controls and Data Misuse

A borrower signed a blanket authorization on IRS Form 4506, enabling their lender to continuously access their tax returns for an extended period. However, the lender failed to implement sufficient privacy controls, allowing multiple employees within the company to view and utilize the borrower’s tax information without a legitimate business need.

This raises concerns about the misuse of sensitive data and underscores the importance of robust encryption mechanisms like SHA-256 and strict access controls to protect borrowers’ privacy.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Mary Martin

Published Legal Expert

Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...

Published Legal Expert

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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