What information can a mortgage holder disclose?

UPDATED: Sep 30, 2022

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What information can a mortgage holder disclose?

I am purchasing a mobile home from a real estate agent. I
have decided to move and sell the home. My potential buyer
is taking over the payments. When the potential buyer was
discussing the terms with the agent/owner, the agent
disclosed my payment history and medical history with the
new buyer. Is that a violation of my privacy?

Asked on November 5, 2016 under Real Estate Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Legally, it is not a violation of your privacy, though understandably, it feels that way. The law does not make your payment history in any way private or confidential--anyone who knows of it can disclose it. And the laws relating to health care information privacy only apply to health care providers, insurers, and in some cases, employers who become aware of it: other people, including the mortgage holder, who are aware of your health issues, medical history, etc. may disclose it freely.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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