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Patriot Act

USA Patriot Act

The USA Patriot Act of 2001, enacted because of terrorist attacks, impacts mortgage lending by requiring Borrower Identification and by requiring that private financial information be released to the government.  The Act requires increased due diligence by banks, trust companies, savings associations and credit unions in establishing the identity of consumers who apply for loans.  Proof of identity will be required, even in lending institutions where the consumer has a long-standing account.  In addition, the act overrides the FCRA is a consumer-protection statute.  The Patriot Act requires consumer reporting agencies to furnish all information regarding a consumer to a government agency if the government certifies that the records are relevant to intelligence action in response to terrorist threats or activities.

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