Skip to content
BOL Conferences
Thread Options
#1669586 - 02/24/12 05:57 PM Strange scenario: Joint borrowers separate
transy05 Offline
Junior Member
Joined: Jul 2011
Posts: 28
If anyone has an opinion on the following scenario, please let me know:

An engaged couple applied for a joint loan to purchase a home. Their early disclosures were in both names.

Now we are almost to our closing date and the borrowers have separated. Now the man wants to get the loan in his name only.

Do we need to redisclose our early papers and make him wait 3 days before closing if we are not changing any of the loan terms? Does the woman have to sign anything saying that she no longer wants to be on the loan?

Return to Top
RESPA
#1669627 - 02/24/12 06:56 PM Re: Strange scenario: Joint borrowers separate transy05
Truffle Royale Online

10K Club
Joined: Jul 2003
Posts: 17,399
Re: disclosures - you might have a valid cc but no fees changed so I wouldn't redisclose.
The borrowers have countered your approval of the joint loan.
You document your file.
You redo the underwriting to make sure that he qualifies for the loan on his own and proceed from there.

Return to Top
#1684854 - 04/02/12 06:42 PM Re: Strange scenario: Joint borrowers separate transy05
Christine81 Offline
Member
Joined: Mar 2011
Posts: 78
How would you report this for HMDA? The application is joint, however, loan closes in one name. Thanks.

Return to Top
#1684865 - 04/02/12 06:57 PM Re: Strange scenario: Joint borrowers separate transy05
Truffle Royale Online

10K Club
Joined: Jul 2003
Posts: 17,399
They removed her as an applicant when they countered your joint approval. You're reporting the loan as originated (closed) so you report how it closed which would be in his name only.

Return to Top
#1684877 - 04/02/12 07:13 PM Re: Strange scenario: Joint borrowers separate transy05
Christine81 Offline
Member
Joined: Mar 2011
Posts: 78
Thanks, that was my original thought, and then started overthinking.

Return to Top
#1707850 - 06/07/12 01:27 PM Re: Strange scenario: Joint borrowers separate transy05
ProfitDefender Offline
100 Club
ProfitDefender
Joined: Dec 2010
Posts: 178
Midwest
I would like to piggy back on this question... we have a joint application for a purchase money mortgage for a married couple; but the purchase agreement for the home is only in the husband's name. The seller (OREO/FNMA) requires the HUD match the P/A identially, so we need to remove the wife from the loan (Husband qualifies on his own).
Do we issue a counter-offer since it's more of a technical issue on why she's being removed, rather than the borrowers countering us? Any thoughts are appreciated!
_________________________
CRCM.
My posts reflect my personal opinions and not those of my employer's.

Return to Top
#1707865 - 06/07/12 01:35 PM Re: Strange scenario: Joint borrowers separate transy05
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,364
Galveston, TX
"so we need to remove the wife from the loan (Husband qualifies on his own)."

There is no "we" in this scenerio. The borrowers need to meet the requirements of the seller not the bank. You should inform them of the situation and then either have them send you a letter indicating that they are amending their application due to seller requirements (removing the wife) or arrange for an amendment to the purchase contract (to add the wife). Keep the bank out of this - this is their decision with the guidance of their legal counsel.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#1708378 - 06/08/12 02:41 PM Re: Strange scenario: Joint borrowers separate transy05
RR Joker Offline
10K Club
RR Joker
Joined: Nov 2002
Posts: 20,656
The Swamp
PD, we had a similiar situation with a HUD foreclosure. Application was joint, but only one had entered into the contract...we had to move the other one to guarantor to appease HUD.
_________________________
My opinion only. Not legal advice.

Say you'll haunt me - Stone Sour

Return to Top
#1708385 - 06/08/12 02:50 PM Re: Strange scenario: Joint borrowers separate transy05
ProfitDefender Offline
100 Club
ProfitDefender
Joined: Dec 2010
Posts: 178
Midwest
Thanks for the responses! We're having the applicants write a letter requesting for the the co-applicant to be removed...

IMO - this is DUMB! Why the seller cares who the borrowers are on the HUD (as long as at least the purchaser is on there) is beyond me! They need to mind their own damn business, stop making the process so cumbersone and be happy they are selling these homes to qualified buyers. HMPFT! mad Ok - rant done for the day. I feel better now, TGIF smirk
_________________________
CRCM.
My posts reflect my personal opinions and not those of my employer's.

Return to Top

Moderator:  QCL