ECC Capital Corporation Customer Privacy Statement

PLEASE READ THE FOLLOWING CAREFULLY AND KEEP IT FOR YOUR RECORDS:

This Privacy Statement applies to ECC Capital Corporation (ECC) and its family of affiliated companies, as listed in Section 7 below. The ECC Companies are committed to protecting the privacy and security of our customers personal information and ensuring the accuracy of such information. We collect and maintain information about you to enable us to complete your loan transaction, conduct our business in a manner consistent with federal and state laws and regulations, provide you with information and offers on products to meet your future needs, and satisfy legal requirements.

This Customer Privacy Statement principally governs the ECC Companies use of non-public personal information. Non-public personal information generally means information we obtain in connection with financial products or services that are identified with you and that we have not obtained from a public source. We will give you a new Statement whenever we materially change our privacy policies or practices.

This Customer Privacy Statement describes and explains how;

• We collect and use your personal information;
• ECC maintains the confidentiality and accuracy of such information;
• You can limit the disclosure of your non-public personal information by the ECC Companies; and
• You can verify the accuracy of information regarding your transaction.
  

1. The Information We Obtain and How We Obtain It. In conducting our business, we collect and maintain various types of information about our customers. If we are unable to obtain or use your information, we may not be able to provide you with a particular service and/or may be compelled to terminate a service that we are currently providing you. The types of information we collect and maintain include:

• Information that we receive directly from you in applications and other forms that you deliver to us, and from our communications with you. This may include information such as your address, telephone number, account numbers, Social Security numbers, assets, income, debt, etc.
• Information we compile from your transactions or experiences with ECC. This may include information such as your account balances, payment history, etc.
• Information we receive from other sources regarding your employment, credit or other relationship with them or verifying information you have given us. This may include information such as your employment history, loan and/or credit payment history, loan or credit card balances, your property insurance coverage, appraisals of your residence, etc.
• Information we receive from credit bureaus regarding your credit history and credit worthiness (such as the amount of your total debt, your payment history, etc).
• Information we obtain from public sources. This may include information contained in federal, state, and local records such as recorded liens on your property, real estate taxes and assessments, tax liens, etc. Please note that this information is not non-public personal information, and so may not be subject to the terms of our privacy policy.
• While we do not collect personally identifiable non-public personal information about visitors to our web sites unless the visitor voluntarily chooses to provide it, when you visit any of our web sites, we may collect information to measure the use of our site and to assist us in improving the content of our site. A cookie is a small marker that is left on your computer, which can only be read by us and helps us better service your account the next time you visit our web site. A cookie allows the ECC Companies to know that a visit has occurred within our site, and the pages that were viewed. We do not retain any of these cookies or store any cookies on your hard drive. Cookies are commonly used on web sites and do not harm your computer. You can decide if and how your computer will accept a cookie by configuring your preferences or options in your browser.

2. How We Use Your Non-Public Personal Information and How We Share That Information. We use your personal information only as permitted by applicable law. Although we do not sell non-public personal information to non-affiliated third parties for marketing purposes, in certain instances we may disclose any or all of the non-public personal information that we collect about you to third parties, as described below. The following summarizes the principal ways in which we use your information and with whom we may share it:

a.  With Affiliated Companies to provide you with superior service, inform you of product and service opportunities, and for other business purposes, each one of the ECC Companies listed in Section 7 may disclose your personal information to and among the other ECC Companies or to the following types of affiliates (an affiliate is a company that we own or control):

• Financial service providers, such as consumer finance companies, insurance companies, etc.
• Non-financial companies, such as retailers or direct marketers.

b. Unaffiliated Third Parties.  As permitted by law, the ECC Companies will sometimes disclose your personal information to companies or entities unaffiliated with the ECC Companies. Examples of when this might occur include the following circumstances:

• Third Party Services. On a confidential basis, we may disclose your personal information to companies that provide services to ECC, for example, data storage companies.
• Lenders, Title Companies, Escrow Companies, etc. We may disclose your personal information to lenders, title companies, escrow companies, etc. This information may be necessary to facilitate your loan transaction.
• Legal Requirements. We are sometimes required to disclose your personal information in order to comply with subpoenas, court orders, and legal reporting requirements.
• Credit Reporting Agencies. We may disclose information relating to our experience with you to credit reporting agencies and similar organizations.
• Written Consent. We may disclose your personal information with your written consent, including when you give someone power of attorney or other authorization to act on your behalf.
• Business Transfers. We may disclose your personal information in connection with a proposed or actual sale or transfer of your loan to another company.
• Fraud Protection, Etc. We may disclose your personal information to prevent fraud and unauthorized transactions, to resolve customer disputes, and, as necessary, to the ECC Companies regulators, attorneys, accountants, and auditors.
  

3. How To Limit Our Use or Disclosure of Your Personal Information. As described above, we may share your personal information amongst the ECC Companies, with other affiliated companies, or as permitted or required by law. Unless we are otherwise permitted by applicable law to share information with our affiliates, you have the right to restrict the sharing of your information within the group of ECC Companies and our affiliates.

Notice to California Residents. We will provide a separate notice describing the rights of California residents to Opt Out under California law, including rights to Opt Out of affiliate sharing when a customer relationship is established. We will only share non-public information as required or permitted by law.

All Others. Except for residents of California, we are permitted by federal law to share: (1) your name, (2) your address, and (3) facts about our experiences with you (such as your loan payment history or other transaction information) within the ECC Companies and with other affiliates. You may limit any disclosures of other types of nonpublic personal information to our affiliates. You may also limit our affiliates from marketing their products or services to you based on information that we share with them, such as your income, your account history, and your credit score. However, if you currently do business with one of our affiliates or if you ask to receive information or offers from them, then this limitation does not apply.

If you would prefer that we limit disclosures of non-public personal information among the ECC Companies or with other affiliates, or if you wish to restrict our affiliates from marketing products or services to you, you may inform us as described below:

By calling us at (949) 954-7060, or by sending us a written request addressed to:

ECC Capital Corporation
2600 East Coast Highway Suite 250
Corona Del Mar, Ca  92625

Your Opt Out Request, regardless of your state of residence, will not apply to: (a) disclosures of information regarding our experience with you, to the extent such disclosures are permitted by law (for example, information about your payment history disclosed to a credit bureau or lender purchasing your loan); (b) disclosures required or permitted by law; or (c) any specific disclosures which you consent to in writing. Your Opt Out Request and any request to limit marketing offers will remain effective until revoked by you.

4. Protecting Personal Customer Information From Unauthorized Access. Safeguarding your personal information is important to the ECC Companies. We maintain systems, policies and procedures designed to protect your personal information from being accessed by unauthorized persons. We limit employee access to personal customer information to those with a legitimate business reason for such access. We train our employees on our privacy policy and procedures, and hold them accountable for compliance with these procedures. We also seek to ensure that any service providers who have the ability to access customer information observe comparable information security procedures.

5. Accuracy of Customer Information. If you believe that any such information is inaccurate or incomplete, please contact us and we will take appropriate action to correct or amend our records. If you wish to review information regarding your loan with us, please contact your mortgage broker or lender or call us toll free at (949) 954-7060

6. Our Former Customers. After you are no longer a customer of the ECC Companies, we will continue to treat the non-public personal information we have about you as if you were still our customer.

7. Applicability of this Statement. This privacy statement applies to the following ECC Companies as well as future ECC Companies:

• ECC Capital Corporation, 2600 East Coast Highway, Suite 250, Corona Del Mar CA 92625
• PerformanceOne Financial, Inc., 2600 East Coast Highway, Suite 250, Corona Del Mar CA 92625