is it legal for the mortgage company to pull your credit without your consent

[smenta]

My husband and I are in the middle of a forclosure on a property we own. The mortgage company is GMAC, and we are dealing with their attorney to get caught up and reinstated. I saw on Friday of last week that they had pulled our credit report. I called them first thing this morning, and the woman I spoke to informed me that they are allowed to pull the credit at any time without our consent while the forclosure is in process. Is this true? I thought you needed written consent from someone in order to pull a credit report. Was this fraud? I would appreciate any help. The property is in New Jersey, but we live in Pennsylvania. Thanks.

 

[lwpat]

By getting a mortgage with them you gave them the right to pull your credit report.

 

[cmcclaff]

I am not an attorney, but I have been in the mortgage business for 14 years. When you applied for the mortgage with whomever you applied, you probably signed a general authorization that usually has verbiage to the effect of "I am giving this lender/broker authority to pull my credit". It usually goes on to say "or it's successors and or assigns", which means any other lender that may purchase the loan or take over the servicing of said loan.
So, sorry to say, that they probably do have that right.