Special offer

NOT SO FAST: Send a copy of the Earnest Money check with the contract

By
Real Estate Broker/Owner with Riverbend Realty, Cape Girardeau, MO 2004008944

At times, the seller will require the buyer's agent to provide a copy of the earnest money check, especially with the purchase of a foreclosure property.  Seems innocent enough, doesn't it? When you email a copy of a check, however, you may not realize that you are putting your client in jeopardy. Checks contain information that is legally considered Non Public Information.

In fact, the Gramm-Leach-Bliley Act requires protection of NPI and specifies all sorts of disclosures that are required when transmitting NPI.

One example of NPI is a social security number. Most people no longer include their social security numbers in the address area of personal checks, but some still do. All checks include bank routing numbers.

So what do you do when you have to present a copy of the earnest money check?

It's pretty simple, actually. Make a black and white photocopy of the check. Then, on the photocopy mark out any information that may put your client's personal information in danger if your email happens to be hacked. I always mark out the routing numbers, especially. Of course, any social security number and even a driver's license number should be marked out. Just to be on the safe side, I often also mark out the street address.

Posted by

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If you are looking for a foreclosure in Cape Girardeau, Perry, N. Scott, or Bollinger counties, I am the region's most experienced REO agent. As the area's ONLY Fannie Mae direct listing agent, I list more foreclosure properties than any other agent in this MLS. I am among the few local agents approved to both list and sell HUD properties. Give me a call if you are looking for help with the purchase of a foreclosure property.

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http://www.homepath.com/  for Fannie Mae properties

http://www.homesteps.com/  for Freddie Mac properties

http://www.hudhomestore.com/ for HUD properties (foreclosures that were FHA financed)

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Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

It would never we wise to include your social security # flat out in the open. There is a foreclosure website that requires you to include that for offer tracking purposes (HUD?).  I don't even like doing that.  There are plenty of other ways to distinguish your client without asking for that. 

Nov 07, 2013 01:44 AM
Theresa Akin
CORPUS CHRISTI REALTY GROUP - Corpus Christi, TX

I have seen the same information on pre-approval letters. I'm on the phone pronto with the lender stating the buyers financial accounts, stocks, 401 K, savings,checking. everything. I just need the letter. Proof of funds ok but black out the account numbers.  Can't tell you how many lenders from financial institutions I've had to inform what they have done. We like to know we are working with honest colleagues but all it takes is a couple checks sitting on a desk and someone walk in with a phone with a good camera like mine. Don't even have to move the check just snap photo done with someone's money accounts.

Nov 07, 2013 02:09 AM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

Sounds like just another headache.  I understand why though.  I think the deposit check is not as important as the Proof of Funds.

Nov 07, 2013 02:12 AM
Ginny Lewis
Prudential-Linn - Wareham, MA

Thank you Liz...Very useful information to share. We have that as a policy in our office. Also when sending a P&S to an appraiser, please black out the SS numbers.

Nov 07, 2013 02:16 AM
Don Taber
RE/MAX Complete - Wilson - Wilson, NC
REALTOR / BROKER / CRS / GRI

Liz, great information!  We can never be too careful dealing with our client's personal info.

Nov 07, 2013 02:52 AM
William Johnson
Retired - La Jolla, CA
Retired

Hi Liz, I think this is a very prudent practice and think it should become the Standard of Practice for everyone in the industry when delivering proof of the Eanest Money Check. Excellent!

Nov 07, 2013 02:56 AM
Christie Lane Craven
Blackwell Real Estate - Odenton, MD
Your Anne Arundel County Agent

Here in MD every contract I've ever received or written has included a copy of the EMD.  I don't think there is much point in lacking out the routing number because if you know what bank it is drawn on you can easily find that info online in under 30 seconds.  Our contract includes the buyer's address so lacking that out on the check would be pretty pointless as well.  I could see a case for blacking out the account #.  Everything with sensitive info goes in the shred-it which is shreded on-site.

Nov 07, 2013 03:21 AM
Dagny Eason
Dagny's Real Estate - Wilton, CT
Fairfield County CT, CDPE Homes For Sale and Condo

Here in CT we usually send the copy of the check with the offer.. I don't think there is much danger in sharing that.   Nice post - makes us think!

Nov 07, 2013 03:28 AM
Momentum Realty
North Orange County CA Real Estate Specialists - Yorba Linda, CA
Orange County CA Real Estate Agent

Hi Liz,

Great advice! I also black out all but the last 4 digits of the account numbers on checks and bank statements, just to be safe.

Hope you're having a great week!

Gina

Nov 07, 2013 06:23 AM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

Yes, it's good to be careful. But every time you write a check and hand it to a cashier or send it through the mail, you're taking the same chance. 

Nov 07, 2013 06:24 AM
Gary L. Waters Broker Associate, Bucci Realty
Bucci Realty, Inc. - Melbourne, FL
Eighteen Years Experience in Brevard County

It is really a shame that identity theft has become such a problem. You can never be too cautious with a client's personal information.

Nov 07, 2013 07:19 AM
Anonymous
Laura Gibson

Thanks for the great info.  I never really thought about the implications.  I will mark out the info from now on!

Nov 07, 2013 08:06 AM
#67
Bob Miller
Keller Williams Cornerstone Realty - Ocala, FL
The Ocala Dream Team
Thanks Liz, that is a great heads-up we never thought about the copy the check having the routing and banking information.
Nov 07, 2013 08:24 AM
Thomas McCombs
Century 21 HomeStar - Akron, OH

Thanks for the heads up! I had not thought of this, but you are absolutely correct.

Nov 07, 2013 08:39 AM
Sharon Parisi
United Real Estate Dallas - Dallas, TX
Dallas Homes

Liz, thank you for the important tip!  Identity theft is everywhere!

Nov 07, 2013 02:30 PM
Travis "the SOLD man" Parker; Broker/Owner
Travis Realty - Enterprise, AL
email: Travis@theSOLDman.me / cell: 334-494-7846

I get Buyers to send ME a copy of the check if they are out of town/state/country. But I don't send a copy to anyone else.

Nov 08, 2013 12:58 AM
Marnie Matarese
DWELL REAL ESTATE - Sarasota, FL
Showing you the best of Sarasota!

And yet, everytime we write a check and give it to a clerk at a store or mail a check as payment for something, all of that precious information is in the hands of strangers. 

Nov 08, 2013 08:19 PM
Deleted Account
Fort Myers, FL

Thanks, that is great advice!  I have worked with a few buyers that will not write a check at all until the offer has been approved.  He said proof of funds should be sufficient enough.

Nov 14, 2013 12:28 AM
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

I think the practice of tendering a copy of a deposit check is quaint and ought to go away. It says on the contract that the buyer has written a deposit check. I do not need to see a meaningless photocopy of that check.

 

Nov 29, 2013 03:27 AM
Wayne B. Pruner
Oregon First - Tigard, OR
Tigard Oregon Homes for Sale, Realtor, GRI

That is a good point. I like to use promissory notes and just tell everyone when it is redeemed.

Dec 03, 2013 11:50 PM