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#1563504 - 06/10/11 05:12 PM
Joint Intent not needed when co-signer required
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Diamond Poster
Joined: Jan 2004
Posts: 1,621
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Joint Intent on a co-signer where you are requiring a co-signer. Reg B commentary at 202.7.d.1#2 says a con-signer produced by the borrower (they picked the co-signer, we did not designate who it must be) is not a joint applicant. So i read that as there need be no evidence of joint intent. Application signed by 1st person, Note signed by both - and we are done. Even if the person the applicant picked to be the co-signer is the spouse.
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#1563509 - 06/10/11 05:11 PM
Re: Joint Intent not needed when co-signer required
Burgess
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10K Club
Joined: Jul 2001
Posts: 84,333
Galveston, TX
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What did the co-signer spouse bring to the transaction that the applicant spouse did not?
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#1563524 - 06/10/11 05:27 PM
Re: Joint Intent not needed when co-signer required
rlcarey
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Diamond Poster
Joined: Jan 2004
Posts: 1,621
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Ric - all i want is to know, do i need a joint intent form signed when i require a co-signer after i received the application from the first guy?
Reg B seems to say he is not a joint applicant and i do not need a joint intent form.
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#1563562 - 06/10/11 05:51 PM
Re: Joint Intent not needed when co-signer required
Burgess
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10K Club
Joined: Jul 2001
Posts: 84,333
Galveston, TX
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If the co-signer was a requirement to make the loan by the bank, then no joint intent is required.
I asked the other question because that is probably by far the larger issue that you are faced with........
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#1563587 - 06/10/11 06:14 PM
Re: Joint Intent not needed when co-signer required
rlcarey
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10K Club
Joined: Aug 2002
Posts: 47,673
Bloomington, IN
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Commentary 202.7(d)(1)
2. Joint applicant. The term “joint applicant” refers to someone who applies contemporaneously with the applicant for shared or joint credit. It does not refer to someone whose signature is required by the creditor as a condition for granting the credit requested.
202.2(e)
(e) Applicant means any person who requests or who has received an extension of credit from a creditor, and includes any person who is or may become contractually liable regarding an extension of credit. For purposes of § 202.7(d), the term includes guarantors, sureties, endorsers, and similar parties.
If the applicant and co-signer applied together you need the joint intent. If the applicant applied by themselves and the co-signer is an underwriting requirement then the joint intent is not needed.
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The opinions expressed are mine and they are not to be taken as legal advice.
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#1563883 - 06/12/11 07:08 PM
Re: Joint Intent not needed when co-signer required
Dan Persfull
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Joined: Nov 2000
Posts: 18,765
Central City, NE
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Ric - all i want is to know, do i need a joint intent form signed when i require a co-signer after i received the application from the first guy? Randy is trying to help you out. He could toss you an answer or teach you and get you the answer as well. How about respectively responding and learning from him?
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#1564024 - 06/13/11 04:03 PM
Re: Joint Intent not needed when co-signer required
rlcarey
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Diamond Poster
Joined: Jan 2004
Posts: 1,621
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sorry Ric - didn't mean for my answer to sound the way it did. I always appreciate your answers and the details you give supporting them. Joint intent and adding co-signers is a frustrating subject for me, and the day i posted the comment was a situation where i was being pressed for a quick answer,. Thanks again for all the time you spend on BOL answering posts.
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#1971643 - 10/23/14 08:53 PM
Re: Joint Intent not needed when co-signer required
Burgess
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Diamond Poster
Joined: May 2013
Posts: 1,076
Compliance Land
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What about this?
A woman owns a house and has a mortgage. Then she gets married. Wife and new husband apply jointly for rate/term refinance loan but husband is not in title.
Does notice to co-signer need to be provided to husband or since they applied jointly is he a co-borrower and this isn't necessary?
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#1972055 - 10/27/14 01:12 PM
Re: Joint Intent not needed when co-signer required
Burgess
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Diamond Poster
Joined: May 2013
Posts: 1,076
Compliance Land
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bump
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#1973175 - 10/30/14 07:02 PM
Re: Joint Intent not needed when co-signer required
Burgess
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Joined: Jul 2002
Posts: 689
Home of the 8 time NCAA Champ ...
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IMO he needs to sign a joint intent notice on the application because he's applying for joint credit.
Because he's applying for credit, he's a coborrower, not a cosigner and the cosigner language is not required.
Unless you want to make the case that he's not receiving the benefit of the proceeds of the loan, in which case you could make a case that he'd need the notice to cosigner, regardless of how he is titled on the credit.
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#1973206 - 10/30/14 07:55 PM
Re: Joint Intent not needed when co-signer required
RGS
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Diamond Poster
Joined: May 2013
Posts: 1,076
Compliance Land
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Unless you want to make the case that he's not receiving the benefit of the proceeds of the loan, in which case you could make a case that he'd need the notice to cosigner, regardless of how he is titled on the credit.
That's the part I was unsure of. He did apply jointly and mark the app as such but since he wasn't an owner of the property I didn't know if that made him a co-borrower under Reg B but a co-signer under Reg AA. I think I've decided that he is not a co-signer. Thanks for the input.
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#1973290 - 10/30/14 09:59 PM
Re: Joint Intent not needed when co-signer required
Burgess
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Diamond Poster
Joined: May 2013
Posts: 1,076
Compliance Land
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That clears it up! Thanks for the response.
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#2086123 - 06/30/16 03:34 PM
Re: Joint Intent not needed when co-signer required
Burgess
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10K Club
Joined: Jul 2001
Posts: 84,333
Galveston, TX
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Yes, you need intent.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com
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#2086130 - 06/30/16 04:01 PM
Re: Joint Intent not needed when co-signer required
Burgess
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10K Club
Joined: Nov 2000
Posts: 18,765
Central City, NE
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“Joint applicant. The term “joint applicant†refers to someone who applies contemporaneously with the applicant for shared or joint credit. It does not refer to someone whose signature is required by the creditor as a condition for granting the credit requested.†[Commentary to §1002.7(d)(1) #2] The 2nd spouse didn't apply contemporaneously, but they also are not "required by the creditor as a condition for granting the credit requested." I would get the Joint Intent documentation. Why not? "When in doubt, whip it out" is a good motto for this type of issue.
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