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#1377109 - 04/20/10 02:46 PM Any restriction in FL Law regarding Marital Status
MB Guy Offline
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Joined: May 2004
Posts: 10,124
Way, way south.
I tried to find anything that addressed whether we are allowed to ask the "Marital Status" question on loan applications (we are trying to use one standardized one for many states), but the only thing I found is the following.

It doesn't specifically state that we can't ask the question, just that we cannot discriminate based on the answer. Anyone know if we're not allowed to ask it?

Quote:
725.07 Discrimination on basis of sex, marital status, or race forbidden.--

(1) No person, as defined in s. 1.01(3) shall discriminate against any person based on sex, marital status, or race in the areas of loaning money, granting credit, or providing equal pay for equal services performed.

(2) Any violation of this section may be brought in the courts of this state by the individual upon whom the discrimination has been perpetrated in a civil action, and said individual shall be entitled to collect, not only compensatory damages, but, in addition thereto, punitive damages and reasonable attorney fees for a violation of this section.
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#1378589 - 04/21/10 08:32 PM Re: Any restriction in FL Law regarding Marital Status MB Guy
RR Joker Offline
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RR Joker
Joined: Nov 2002
Posts: 20,654
The Swamp
It is required on our HMDA loans, including FL, so there apparently is no prohibition if required by Federal regs.
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#1379143 - 04/22/10 02:59 PM Re: Any restriction in FL Law regarding Marital Status RR Joker
MB Guy Offline
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Joined: May 2004
Posts: 10,124
Way, way south.
Hey RR, why is it required for HMDA loans?

Here is some research my cohort found:

Quote:
If an applicant is applying for individual unsecured credit, we cannot inquire about marital status unless the applicant resides in a community property state. The addition of verbiage qualifying the request of marital status is acceptable.



My ‘other’ bank used all purpose applications for secured, unsecured, closed-end and open-end applications. We had a statement that read: Do not complete section ** of this application unless you are a resident of a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, or Wisconsin).



Also Appendix B of Regulation B gives these examples of choices for applicants of unsecured/secured and closed-end credit.



If you are applying for individual credit in your own name and are relying on your own income or assets and not the income or assets of another person as the basis for repayment of the credit requested, complete only Sections * and * If the requested credit is to be secured, also complete the first part of Section * and Section *.


If you are applying for joint credit with another person, complete all Sections except *, providing information in * about the joint applicant. If the requested credit is to be secured, then complete Section *.
We intend to apply for joint credit. Applicant Co-Applicant



If you are applying for individual credit, but are relying on income from alimony, child support, or separate maintenance or on the income or assets of another person as the basis for repayment of the credit requested, complete all Sections except * to the extent possible, providing information in * about the person on whose alimony, support, or maintenance payments or income or assets you are relying. If the requested credit is to be secured, then complete Section *


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#1379528 - 04/22/10 06:16 PM Re: Any restriction in FL Law regarding Marital Status MB Guy
RR Joker Offline
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RR Joker
Joined: Nov 2002
Posts: 20,654
The Swamp
Originally Posted By: MB Guy
Hey RR, why is it required for HMDA loans? Because I'm crazy! I was thinking race, etc...yesterday was a day from absolute you know where!

Here is some research my cohort found:

Quote:
If an applicant is applying for individual unsecured credit, we cannot inquire about marital status unless the applicant resides in a community property state. The addition of verbiage qualifying the request of marital status is acceptable. Agree, this is true in GA as well.



My ‘other’ bank used all purpose applications for secured, unsecured, closed-end and open-end applications. We had a statement that read: Do not complete section ** of this application unless you are a resident of a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, or Wisconsin).



Also Appendix B of Regulation B gives these examples of choices for applicants of unsecured/secured and closed-end credit.



If you are applying for individual credit in your own name and are relying on your own income or assets and not the income or assets of another person as the basis for repayment of the credit requested, complete only Sections * and * If the requested credit is to be secured, also complete the first part of Section * and Section *.


If you are applying for joint credit with another person, complete all Sections except *, providing information in * about the joint applicant. If the requested credit is to be secured, then complete Section *.
We intend to apply for joint credit. Applicant Co-Applicant



If you are applying for individual credit, but are relying on income from alimony, child support, or separate maintenance or on the income or assets of another person as the basis for repayment of the credit requested, complete all Sections except * to the extent possible, providing information in * about the person on whose alimony, support, or maintenance payments or income or assets you are relying. If the requested credit is to be secured, then complete Section *


Last edited by RR joker; 04/22/10 06:17 PM.
_________________________
My opinion only. Not legal advice.

Say you'll haunt me - Stone Sour

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#1426063 - 08/09/10 06:20 PM Re: Any restriction in FL Law regarding Marital Status MB Guy
complylady Offline
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complylady
Joined: Jul 2002
Posts: 614
Michigan
Our consumer loan applications have a section titled "Marital Status". The statement reads "Complete only if: for joint or secured credit or applicant resides in a community property state or is relying on property located in such a state as a basis for repayment of the credit requested." This is a Bankers System for and appears to have all of the required verbiage to make it acceptable.

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