I am getting conflicting information from our closing agents and want to get verification on which is correct. When we have a mortgage in only one persons name, but both husband and wife are on the deed, which forms must the non-borrowing spouse sign? This is what we have done in the past:

1. New Mortgage
2. Final TIL
3. Right to Cancel

The document in question now is the HUD. Do we need to place the non-borrowing spouse on the HUD and obtain their signature? I cannot locate any where on HUD site where this is addressed.

Again, any and all help is greatly appreciated.

Regulation X does not require a signature on the HUD-1 form. Section 1024.9(a)(7) permits signature lines to be added to the form. The instructions for completing the HUD-1 are silent on signatures since the form does not require them. Box D on page 1 of the HUD-1 asks for the name and address of the borrower. If the spouse is not a borrower, then I would not think his/her name would go on the form.

I have also come across this situation with the HUD and have asked the closing agent to remove the NPS but have been told if the spouse is a party to the sales contract they must be on the settlement statement as the HUD not only reflects particulars about the real estate loan but all elements of the transaction. Don't know how much of that is regulatory....just passing it on.

FNMA underwriting standards call for the three docs you mentioned. If you don't want non-borrowers on the HUD, which relates to the loan, you can tell the closet agent not to put it there. They work for you, not vice versa.