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#2247838 - 01/19/21 09:36 PM Unsecured Consumer RLOC & Signatures
MJNoone Offline
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MJNoone
Joined: Dec 2010
Posts: 109
Kansas
Can you require the signatures of joint checking account owners on an unsecured personal LOC that will be tied to the checking account?

Ex: Checking account is owned by husband and wife, therefore, the promissory note for the unsecured LOC must be signed by both husband and wife.

This credit line can be used for more than just overdraft purposes so I'm not sure how to interpret Reg B commentary 1002.7(a) regarding authorized users and overdraft lines of credit. Any clarification would be greatly appreciated!!
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Lending Compliance
#2247841 - 01/19/21 09:43 PM Re: Unsecured Consumer RLOC & Signatures MJNoone
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,396
Galveston, TX
I am not sure it matters if they can access in other ways than through an overdraft.
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#2247844 - 01/19/21 09:53 PM Re: Unsecured Consumer RLOC & Signatures MJNoone
MJNoone Offline
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MJNoone
Joined: Dec 2010
Posts: 109
Kansas
My initial concern was violating the spouse signature rule. If I qualify for the credit line, can the bank require that my spouse also signs the promissory note just because they are also a joint owner on the checking account that advances would go into and monthly payments would come from?

I got all confused reading the commentary about individual accounts and unsecured credit. (sigh). One of those Monday-Tuesday days smile
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#2247845 - 01/19/21 09:57 PM Re: Unsecured Consumer RLOC & Signatures MJNoone
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,396
Galveston, TX
Since they both can access it through overdrafts, I think you can make it a requirement that they both sign, if they want it. Having another way to access the line should not impact that.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2247847 - 01/19/21 10:06 PM Re: Unsecured Consumer RLOC & Signatures MJNoone
MJNoone Offline
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MJNoone
Joined: Dec 2010
Posts: 109
Kansas
Your thoughts are sincerely appreciated - and respected!
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