#1803194 - 04/10/1303:09 PMMarriage, Divorce, Name Changes
Anonymous
Unregistered
Does anyone see any fair lending issues with requesting and retaining marriage certificates/marriage license or divorce decrees when a customer notifies us via snail mail that they want to change their name due to marriage or divorce?
I ask because I'm concerned we will be violating the Fair Housing Act by requiring the customer to disclose their marital status.
#1803236 - 04/10/1303:58 PMRe: Marriage, Divorce, Name Changes Anonymous
Anonymous
Unregistered
We simply ask for a legal document(s) to verify the change. That documention doesn't have to be a marriage certificate, license or decree; for example, it could be an updated DL or passport.
I wouldn't think it's any more problematic than asking for a government issued ID with picture and "discovering" the individual is black, Hispanic or female; or obtaining a credit report that contains medical info.
Provided you're not treating anyone any differently, asking for supporting documents in itself isn't a FHA violation, even if it does inadvertently disclose marital status.
If we are changing a name, we require and store the documentation used to establish the new name, just like CIP when opening the account. I wouldn't see any treatment issues there if you require it across the board.
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#1803493 - 04/10/1309:45 PMRe: Marriage, Divorce, Name Changes Anonymous
Rocky P
Power Poster
Joined: Jun 2003
Posts: 7,650
Florida
I want to think about this a bit more - you may need some type of proof of the change. But might that be treating people different?
Does the bank ask a married couple opening an account to see their marriage license? What about if it is a common law marriage? If someone claims to be single, does the bank run a Lexus-Nexus to prove (s)he is? Why might it matter for a deposit relationship? A name change would be public record in most jurisdictions from marriage to divorce. Why would a divorce decree be so important to keep? Close the account and open it in your whatever name, unless there is some state law that say you need it.
Now, Fair Lending is only for loan accounts, but that does not negate or add (marriage) to who is liable on the note. I vote for a public record rather than keeping a copy.
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I think you are over thinking this. If someone wants to change their name, documentation and maintaining that documentation presents no threats for either loan or deposit accounts. We aren't talking about proving whether a person is considered married or not, we are talking about maintaining an account in someone's legal name. I have never seen a divorce decree change a person's name, but I am not familiar with all jurisdiction on that subject (just a couple from personal experience).
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In PA you don't have to change the name at the time of divorce. And it doesn't have to be to the maiden name, but can be the previous name, if you have been divorced before. I'm not saying how I know that.
#1803737 - 04/11/1303:53 PMRe: Marriage, Divorce, Name Changes Anonymous
Anonymous
Unregistered
Just be happy that you don't bank Chad Ocho Cinco (Chad Johnson) or Meta World Peace (Ron Artest). All these celebrities change there names so often it's crazy.
We don't change names based on drivers license, marriage certificates or divorce decrees. We require either the updated SS card or a copy of the application showing you applied for the name change.
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You need to consult state law regarding name change. There are states where the practice has been that you don't have to go through any legal channels to change your name. Granted, a bank can set it's own rules, but unless it's mandated in your state, it would be overstepping to require an updated SS card as gacompliancegirl says she does.