Dec
15
Can I be sued for truthfully saying on a Verification of Rent/Mortgage form that a tenant owes rent?
By
I manage rental properties and received a Verification of Rent/Mortgage form from a lender for one of the tenants. Can I be sued by the tenant/borrower for disclosing that her rent is in arrears?
Repossession
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6 Comments
June 6th, 2009 at 11:54 pm
I’m not sure. I think you can in some states…
June 8th, 2009 at 5:44 pm
Honestly, I have no clue, but I really think this is the wrong place to be asking such an important question. You will either get no responses, or you’ll get bad advice because most people on here aren’t realtors or lawyers. Good luck though?
June 11th, 2009 at 4:26 pm
No, you can’t be sued for that, but if you lie and say they don’t owe rent, the lender may be able to come back on you legally..
June 14th, 2009 at 9:18 am
Sure you can. Anyone can sue for pretty much anything in the US. However, that suit would not prevail if you have proof that there is still an outstanding debt. A decent attorney could probably get it tossed as frivolous and recover your attorney’s fees and court costs as well.
June 14th, 2009 at 11:25 pm
No. But if you lie on the VOR (verification of rent) you are commiting mortgage fraud by saying that they are not past due when in fact they are past due. Tell the truth and let the borrower deal with the consequences. They may not qualify for the loan or will have to have a higher interest rate but that is not your problem. The whole purpose of the VOR is so the lender knows if they are behind.
June 14th, 2009 at 11:58 pm
No. Also, just for your piece of mind, did the resident sign the form giving permission. Bet even if they did not, as long as you do not fabricate anything, you are fine. Just make sure to only answer the questions asked and do not add anything else.