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Yes Mr/Miss/Mrs Agent, I May Need Your Social Security Number, Driver's License, Etc

By
Mortgage and Lending with Guaranteed Rate NMLS# 2611 NMLS #151088

Yes Mr/Miss/Mrs Agent, I may need your Social Security number, driver's license, etc so that your buyer/seller can close.   This topic was brought up in a post yesterday by Donna Harris The Lender Wants MY Social Security Number... What Do I Have to Do With My Buyer's Loan?There were many comments about this topic.  Most all blamed the lender, suggested contacting attorneys, etc.  Basically, everything except for acknowledging it as an actual and valid requirement that must be fulfilled. 

No, it's not a lender being ridiculous.

No, it's not a lender who doesn't know what they are doing.

No, it's not a lender asking for information they are not allowed to.


Yes, it's a lender doing their job.

Yes, it's a lender following proper guidelines and procedures.



Why could I possibly need this you ask?   Well, someone with your same/similar name shows up on an exclusionary list.  HUD requires that what is known as an LDP/GSA search be performed for each loan.  This is a fraud detection measure that ALL lenders are required by HUD to run on ALL government backed mortgages. Conventional mortgages are now also requiring this as well as an added measure of fraud detection.


LDP (Limited Denial Participation)
This is a list of are people or entities that are not allowed to participate in HUD transactions.  They were all caught doing something severe enough to have themselves banned. 
 

GSA Search
   

The GSA search is for the Excluded Parties List System.  All parties involved in the transactions are matched against this database.  This includes the loan officer, both real estate agents, the appraiser, etc.  A match of companies names is also run.  Basically, all parties who will receive a direct compensation as a result of the loan's closing are screened.  According to their website "the purpose of EPLS is to provide a single comprehensive list of individuals and firms excluded by Federal government agencies from receiving federal contracts or federally approved subcontracts and from certain types of federal financial and nonfinancial assistance and benefits."  Fraud is one of the most common ways to be added to this list. 


It is all too easy for everyone to jump on the bandwagon that lenders are being too strict.  Everyone forgets that its the lender who bears the full cost of the transaction if fraud is involved and the loan defaults.  No one ever comes back to the real estate agents asking them to return their commissions from the transactions.  Of course, if one was actually involved in the fraud, then they might end up in jail over it, but that's another story.  

If your name ever shows up on this list, be prepared to be able to prove that it is not you.  No, we can't just take your word for it.  We need the documentation/facts to complete the verification.  Just like you need a fully executed sales contract to close on a home, we need to clear your name the same way. 

No party on found on the LDP/GSA search can be associated or take part in a mortgage transaction.

 

 

 

 

 

 

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It is always advisable to consult with a knowledgeable lending professional when navigating today's turbulent mortgage and real estate marketplace.  I am committed, qualified and equipped to help you evaluate your options!

 

Also check out:

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All mortgage lending guidelines are accurate at time of post, but are subject to change without notice.  Please call for the most current information.

    

           

Comments(26)

Donne Knudsen
Los Angeles & Ventura Counties in CA - Simi Valley, CA
CalState Realty Services

Rodney - I too had a hard time keeping quiet when I first started blogging here, especially with the known AR Realtor mortgage bashers.  But after having been scolded a few times for disagreeing with some AR old-timer, I realized very quickly that some members opinions are more valuable than others. 

As a result, there certain AR members that I just simply ignore now and I no longer read anything they post.  As far as I am concerned, they are simply ignorant mortgage bashers and I refuse to argue with idiots.  LOL

Sep 24, 2010 07:44 AM
Rodney Mason, VP of Mtg Lending
Guaranteed Rate NMLS# 2611 - Atlanta, GA
AL,AR,AZ,CA,CO,FL,GA,IN,MI,MS,NC,NV,SC,TN,TX,VA,WA

Donne....Very well put.  I especially love the ones who urge contacting attorney's every time us as the lender does something they don't agree with.  Maybe we should suggest that buyers/sellers contact attorney since the real estate agent obviously should have negotiated a more favorable price for them. 

Sep 24, 2010 07:52 AM
Donne Knudsen
Los Angeles & Ventura Counties in CA - Simi Valley, CA
CalState Realty Services

Rodney - The ones that crack me up are the ones that say they welcome different viewpoints and opinions on their posts when they clearly do NOT!   Anytime someone posts a comment of a different viewpoint or opinion (and mind you, not one that is either right or wrong - just different), that person is chewed up one side, down they other and spit out in the same breath for just having a different opinion or perspective that was "supposedly" welcomed. 

More times than not, all the post author accomplishes in doing that is confirming what an ignorant, intolerant, narrow-minded and hypocritical fool they are.  There's no reasoning with people like that.  Don't let it bother you though because AR is just a smaller version of the population in general.  If you can get through your day ignoring these kinds of people in your day to day dealings, you shouldn't have any problem ignoring them here.  LOL

Sep 24, 2010 08:14 AM
Judy Orr
HomeSmart - Scottsdale, AZ
Scottsdale AZ and surrounding towns

Great post Rodney, many commenters don't read all of the comments and only make their comments based on the post.  I never heard of this and am glad you (and a couple others) explained it.

Donne, I'm thankful to those, like Rodney, who explained these lists and why a SS# was asked of Donna.  I had never heard of this and now if it ever happens to me (so far, my name is not on the lists) or anyone in my office, I'll be able to explain it to them.  I can understand how you feel about just moving on.  If I had the same group of commenters bashing my opinions, I'd stay out of certain posts, too - not worth the aggravation.  But I always love reading your comments. :)

Sep 24, 2010 09:26 AM
Marie Haydock
Evergreen Global Homes & Land | RSVP Real Estate - Redmond, WA
Simplifying Real Estate

Hi Rodney.  Thanks for pointing me to this post.  Yesterday I spoke with a lender in my area about this topic.  Fraud is such a broad category.  In addition, I think one of the reasons that AR folks were so fired up on the previous post was that it was new information.  Again, I feel like more knowledge is better for everyone, from clients to agents, officers, etc.

 

The lender I spoke to yesterday said that if people default on government debt, it could put them on the GSA list.  That would include, not paying income tax, property tax, etc.  He also said that in the past, this requirement has been there, but not executed/enforced consistently, but that it's become more important now with loans.  I don't mean to imply that the loan officer I spoke with yesterday was an authority by any means, but that's what he said.  Hence my questions yesterday. 

 

So, back to my previous questions for you.  What happens when someone is legitimately on that list?  Does the transaction automatically end right away, or are there protocols in place to help it move foreward? 

 

What if its an appraiser who hasn't paid his income tax?  Is there a new appraiser hired to move the transaction foreward?  Who then pays the previous appraiser for his work?  How about an inspector?  How about the sellers?  

 

Does that mean that if you own a home and have committed fraud, that you cannot sell it to someone who needs to purchase using a mortgage (since the seller would benefit from the government backed loan)? 

 

I'm trying to understand this topic better and the extent and consequences of following it through properly.  

Sep 24, 2010 09:30 AM
Rodney Mason, VP of Mtg Lending
Guaranteed Rate NMLS# 2611 - Atlanta, GA
AL,AR,AZ,CA,CO,FL,GA,IN,MI,MS,NC,NV,SC,TN,TX,VA,WA

Donne.....Very true. Sometimes, you just can't win. 

Judy.....Thanks for stopping by.  Yes, its pretty obviously that some only read the post and never actually read and understand the comments already made.  Thanks for spreading the word so some people don't cause unnecessary delays resisting what is needed.

Marie.....Knowledge is definitely key.  His comments make sense.  I have never seen the actual criteria required to be able to place someone on the list though.  I would say that fraud is the main reason to be on the list.

I have never had anyone show up on the list before that really was them.  I would imagine the transaction would be stopped.  If an appraiser was ever added, the lenders would quickly remove them.  Who would pay for another appraisal would probably be a cases by case question.  If restarted, that person could not be involved in any capacity.  A seller on the list makes it dead in the water.  A home inspector would not be checked since we never know who it even is. 

If a seller commits fraud and gets caught and placed on the list, they will probably be in jail and the home would be foreclosed on so a regular re-sale probably wouldn't even come into play.   

Sep 24, 2010 03:34 PM
Julia Odom
Select Realty Professionals - Chattanooga, TN
Chattanooga Homes for Sale

At what point in the process is this check done? Just before closing, after underwriting? Just curious...

Sep 25, 2010 03:07 AM
Rodney Mason, VP of Mtg Lending
Guaranteed Rate NMLS# 2611 - Atlanta, GA
AL,AR,AZ,CA,CO,FL,GA,IN,MI,MS,NC,NV,SC,TN,TX,VA,WA

Julia....It's typically done by the processor as part of their upfront review.  The underwriter has to review the findings before a final approval can be issued.

Sep 25, 2010 03:11 AM
Marie Haydock
Evergreen Global Homes & Land | RSVP Real Estate - Redmond, WA
Simplifying Real Estate

Thanks for the additional info, Rodney.  I feel like the protocol hasn't been fully flushed out yet for this topic.  Like most things in real estate, the protocol will probably be developed on a case by case basis.  In a perfect world, we'd know how to deal with all aspects of this up front. 

What I see is potential for big issues coming up.  Can you see them too?  It's not likely that everyone on the GSA list is in jail.  Now, even when taking a listing, it seems, agents would need to have the seller confirm that they haven't defaulted on gov't debt, committed fraud, etc.  'cause that would determine the type of offer they'd be able to accept (cash only, pretty much). 

And again, many in the industry would be out of a job if it really is based on gov't debt, since many contract workers are slow about paying their income tax in a down market.

Sep 25, 2010 05:32 AM
Tricia Jumonville
Bradfield Properties - Georgetown, TX
Texas REALTOR , Agent With Horse Sense

I didn't blame the lender, but I DO blame the government for breaking their promise that the SSN would NEVER be used for anything other than Social Security or by anyone other than the Social Security Administration.  I DO blame those coming up with this requirement to provide an SSN in this day and age of identity theft - it's one of the most foolish things they could come up with, to require someone who is not a principal to provide their SSN on demand. 

In this instance, the lender is being used to do something that should not be done, pure and simple.   That it's a requirement doesn't make it right, and that needs to be acknowledged, as well.

Sep 25, 2010 07:27 AM
Rodney Mason, VP of Mtg Lending
Guaranteed Rate NMLS# 2611 - Atlanta, GA
AL,AR,AZ,CA,CO,FL,GA,IN,MI,MS,NC,NV,SC,TN,TX,VA,WA

Marie.....The GSA exclusionary list is not just for real estate/mortgage transactions.  That is just one of the places where it is used. This list has been around for a number of years.  If you haven't encountered a problem because of it yet, the chances of it impacting you are not that great. 

I have only heard about the list being actions by the person tied to fraudulent activities.  While the part about being in default on government backed debt could be a possibility, I have just not heard that before so I cannot attest to the accuracy of that statement.

Tricia.....A Social Security number is not the only form of documentation that can be used, but rather one that can be given.  Since those on the list also have a Social Security number listed, its often the easiest to use. 

Given that neither of us were around in 1936 when the first Social Security card was issued, its really very difficult to say exactly what the government "promised" at that time.  None of the 1936 materials on the Social Security website mention of restrictions of using the number for other purposes.  Likewise, in a Social Security Number Pamphlet From 1953, there is also nothing about it there either.  In 1936, there was no Internet, many homes didn't have phones or cars, and credit as we know it today, did not exist.   The commercial airlines industry was still in its infancy.  Basically, there was no way the government could have predicted at that time the look of modern day society.  

Responsible lending guidelines dictate that fraud detection measures be in place and properlyused.  Unless those who argue against polices like this want to step up and personally reimburse all parties for losses incurred due to fraud, then these types of rules should not be deemed as unnecessary, unreasonable, excessive, etc.

 

Sep 25, 2010 08:47 AM
Donna Harris
Donna Homes, powered by JPAR - TexasRealEstateMediationServices.com - Austin, TX
Realtor,Mediator,Ombudsman,Property Tax Arbitrator

Rodney, First, I was only given the option of a SSN or TIN. Since I don't have a TIN, as my SSN is my tax identification number, I only had one option, though I asked for others.

Second, I understand what you're saying, but still believe it's BS as you and others keep saying that this has been around for years, but yet this is the first time I've been asked to verify? That makes no sense... I've had this name almost 5 years now and I've been in real estate for 10 years.  Why is it just now coming into play?

Sep 25, 2010 02:46 PM
Jackie - computer-training-atlanta.com
770.498.7333 - Atlanta, GA
Learn to leverage technology to get more done.

Great post, Rodney. I suggested it for a feature because I think more AR users need to read it. Thank you for getting the facts out about this issue.

Sep 27, 2010 12:59 AM
Rodney Mason, VP of Mtg Lending
Guaranteed Rate NMLS# 2611 - Atlanta, GA
AL,AR,AZ,CA,CO,FL,GA,IN,MI,MS,NC,NV,SC,TN,TX,VA,WA

Donna....The SS# (or TIN for a business) is actually the easiest option.  The GSA record will have the excluded person's SS# or the business's TIN tied to it.  Sometimes a driver's license will also satisfy the requirement.  Since the record of the other person did not contain a middle initial, maybe they did not feel comfortable with using just a driver's license to clear you.  Keep in mind that it is the lender bearing the financial risk if this is not done properly. 

As to why you have not encountered this before, I don't know.  Maybe the other companies have only been running TX searches rather than national ones.  If you have not been involved in very many FHA/VA loans before, then that reduces the chances for it having come up in the past.  Fannie Mae only starting requiring it on conventional mortgages this summer.  

Sep 27, 2010 02:27 AM
Rodney Mason, VP of Mtg Lending
Guaranteed Rate NMLS# 2611 - Atlanta, GA
AL,AR,AZ,CA,CO,FL,GA,IN,MI,MS,NC,NV,SC,TN,TX,VA,WA

Jackie....Thanks for the Feature suggest.  Based on the comments made on Donna's post, its obvious than there are a number of agents out there completely unaware of this requirement and the legitimacy of it.

Sep 27, 2010 02:29 AM
Elizabeth Guthrie
Guthrie Properties - Bullard, TX

Rodney, thanks for the clarification and great post.

Sep 27, 2010 09:59 AM
Trent Cluley
Jasper, GA

Rodney,

Like many others I wasn't aware of this being a possible requirement as it is not something I have ever been asked for, despite having been in the business for a number of years.  Without the heads-up in yours and Donna's posts I likely would have made a fool of myself arguing with the first lender that demanded it of me, so thanks for the info. AR is certainly a great place to learn things about this business that somehow manages to escape us in other educational media.

Sep 29, 2010 07:02 AM
Dr. Stacey-Ann Baugh
Century 21 New Millennium - Upper Marlboro, MD
A doctor who makes house calls.

This is interesting information that I did not know.  I am suggesting this for a feature.

Sep 29, 2010 04:05 PM
Rodney Mason, VP of Mtg Lending
Guaranteed Rate NMLS# 2611 - Atlanta, GA
AL,AR,AZ,CA,CO,FL,GA,IN,MI,MS,NC,NV,SC,TN,TX,VA,WA

Guthrie....You are very welcome.

Trent....At least you aware of it now.  Hopefully, you wont ever find yourself in that position.   For situations like these, it's good to sometimes have a first or last name that is a little uncommon.

Stacey-Ann....Thanks for the suggest.

Sep 30, 2010 12:17 AM
Melissa Martinez
RE/MAX ACR Elite Group - Tampa, FL
Tampa Bay, FL

I have a different reason I am not happy about the new rule...and not happy with the lender:

I recently came across this issue about 3 or 4 weeks ago.  My name is common (which is why I use my middle name on everything) and I came up on the list.  However, the list does not have middle names.  I made a copy of my drivers license and emailed it over to the loan officer proving it is not me on the list.  I have not heard anything since and figured everything was okay. 

Now it is the day before closing and my buyers are eager to get their closing statement.  TODAY they say that there is a hold up because they need to verify I am not on their GSA list and tell the title company and the buyers that this is the reason there is a hold up!  Because they have to prove that I am not on their "list".  What nerve!   I provided what they said they needed from me without getting frustrated and responded immediately which was 3 or 4 weeks ago now.  Why did they wait until the day before closing to say they need more information.  Now my buyers are starting to question if it actually is me on this so called list.  Thanks a lot Wells Fargo... 

I did everything I was supposed to do and in a timely manner.  How dare you (lender with Wells Fargo) call me at the last second and tell everyone that it is ME (or rather my name) that is holding up the process!!!!

Oct 13, 2010 04:44 AM