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#1700338 - 05/16/12 08:22 PM Joint Intent. 1003 top part + only one borrower
Burgess Offline
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Joined: Jan 2004
Posts: 1,621
Form 1003 has a place at the top for both borrowers to sign signifying joint intent.

So, we only have one borrower.

Our underwriter says that he/she is to sign.

Is that ok? It would seem to me that there could be a risk of a examiner saying we don't understand the purpose behind the statement if we are having the only (ONE) person sign.
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Lending Compliance
#1700345 - 05/16/12 08:30 PM Re: Joint Intent. 1003 top part + only one borrower Burgess
Kathleen O. Blanchard Offline

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Kathleen O. Blanchard
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I don't understand the question. Do you have 2 people on the application and signing for joint intent, but only one borrower?

Or one person signing the ap and the joint intent section even though the joint intent would not be needed for a single borrower?
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Kathleen O. Blanchard, CRCM "Kaybee"
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#1700370 - 05/16/12 09:49 PM Re: Joint Intent. 1003 top part + only one borrower Kathleen O. Blanchard
Burgess Offline
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Joined: Jan 2004
Posts: 1,621
we have one person applying for a loan using a 1003.
our underwriter says that person must also sign the joint intent blurb at the top of the 1003.
So, I am just checking, no one else does this do they? Doesn't it show a lack of understanding about what the joint intent is for.
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My views, not my employer's views.

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#1700373 - 05/16/12 10:00 PM Re: Joint Intent. 1003 top part + only one borrower Burgess
Kathleen O. Blanchard Offline

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Kathleen O. Blanchard
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An individual borrower would not sign joint intent. It is used for situations whee there is more than one borrowe - hence the word "joint".
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Kathleen O. Blanchard, CRCM "Kaybee"
HMDA/CRA Training/Consulting/Mapping
The HMDA Academy
www.kaybeescomplianceinsights.com

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#1700390 - 05/17/12 10:06 AM Re: Joint Intent. 1003 top part + only one borrower Burgess
rlcarey Offline
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rlcarey
Joined: Jul 2001
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Galveston, TX
Sounds like your underwriter has too close of a working relationship with "joint(s)" smile
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#1700393 - 05/17/12 10:35 AM Re: Joint Intent. 1003 top part + only one borrower Burgess
Kathleen O. Blanchard Offline

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Kathleen O. Blanchard
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From the commentary to Reg B:

Paragraph 7(d)(1).

1. Signature of another person. It is impermissible for a creditor to require an applicant who is individually creditworthy to provide a cosigner–even if the creditor applies the requirement without regard to sex, marital status, or any other prohibited basis. (But see comment 7(d)(6)–1 concerning guarantors of closely held corporations.)

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.

3. Evidence of joint application. A person's intent to be a joint applicant must be evidenced at the time of application. Signatures on a promissory note may not be used to show intent to apply for joint credit. On the other hand, signatures or initials on a credit application affirming applicants' intent to apply for joint credit may be used to establish intent to apply for joint credit. (See Appendix B.) The method used to establish intent must be distinct from the means used by individuals to affirm the accuracy of information. For example, signatures on a joint financial statement affirming the veracity of information are not sufficient to establish intent to apply for joint credit.
_________________________
Kathleen O. Blanchard, CRCM "Kaybee"
HMDA/CRA Training/Consulting/Mapping
The HMDA Academy
www.kaybeescomplianceinsights.com

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#1700497 - 05/17/12 01:55 PM Re: Joint Intent. 1003 top part + only one borrower Burgess
hgliii Offline
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Joined: Mar 2012
Posts: 574
I have a question that was not asked or answered in your post. You indicate that you have one borrower, but you have not indicated if the applicant is married.
If so, that will completely change all the posts above.

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#1700505 - 05/17/12 02:10 PM Re: Joint Intent. 1003 top part + only one borrower Burgess
Dan Persfull Offline
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Dan Persfull
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Bloomington, IN
Why? Being married has no bearing on applying for individual or joint credit.

If they are applying for secured individual credit you can inquire about their marital status to establish ownership status of the collateral being offered but it has no bearing on the individual or joint intent of the applicant.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#1700512 - 05/17/12 02:17 PM Re: Joint Intent. 1003 top part + only one borrower Burgess
hgliii Offline
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Joined: Mar 2012
Posts: 574
The joint intent asks if a married borrower is using spouse assets to quality and/or not using assets in community property state. If spouses income or assets are used, HUD requires spouse to be on loan if in community property state.
I may have missed the part of the post that states this is not in a community property state.

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#1700521 - 05/17/12 02:27 PM Re: Joint Intent. 1003 top part + only one borrower Burgess
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,530
Bloomington, IN
That statement and those check boxes have nothing to do with the applicant applying for individual or joint credit.

I can apply for individual credit relying on my spouse's income and assets. By doing so that gives the lender the right to inquire about their credit status and require them to sign the note and/or security agreement to obligate their income and/or assets to the credit. But in that case their signature is an underwriting requirement and there was no joint intent on my part at the time of application.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#2258509 - 08/20/21 07:47 PM Re: Joint Intent. 1003 top part + only one borrower rlcarey
KEllis Offline
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Joined: Mar 2020
Posts: 1
almost 10 years later,... and still this is an issue. Glad the 2021 URLA address this issue.
BTW Randy almost10 years later and that is still funny

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#2268848 - 04/08/22 04:14 PM Re: Joint Intent. 1003 top part + only one borrower Kathleen O. Blanchard
SANDI Offline
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Joined: Sep 2016
Posts: 1
My question is regarding the new URLA that came out in March of 2021.
If a loan officer is taking an application by phone and checks the box "I am applying for joint credit" under the Type of credit in Section 1a, does this satisfy the verification of joint intent per Reg B or is the loan officer required to make a note in the conversation log stating the borrowers intend to apply jointly?

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