Los Angeles, CA asked in Consumer Law, Contracts, Real Estate Law and Banking for California

Q: Am I legally entitled to copies of the HELOC application documents I signed during the application process?

The credit union where I have my HELOC provided unsigned copies of the documents that the notary had me sign, but I have not been given copies of the documents with my signature and the credit union's signature on them. I think the term for these documents is "fully executed copies"?

2 Lawyer Answers

A: Thank you for your question!

You can ask for the fully executed contract from the other party in writing, and they must provide you with a copy.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

James L. Arrasmith
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Answered

A: In California, you are entitled to receive copies of the documents you signed during the HELOC application process. These include "fully executed copies," meaning those that contain both your signature and the credit union's. It's essential for you to have these documents as they provide proof of the agreement's terms and conditions.

You should contact your credit union and request the fully executed copies explicitly. Mention that you have received the unsigned versions but need the signed ones for your records. You might want to submit your request in writing, referencing your right to access these documents under California law.

If the credit union does not comply, you can escalate the matter by contacting the California Department of Financial Protection and Innovation (DFPI) or seeking legal advice to ensure your rights are protected. Having fully executed copies is crucial for your financial and legal security.

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