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#446298 - 10/24/05 09:27 PM Tax Returns
Z Girl Offline
New Poster
Joined: Oct 2005
Posts: 4
California
During loan review it is frequently found that files contain unsigned tax returns. Besides being 'best practice', are there any issues I should be concerned about? Our loan policy does not state if returns must be signed. Does anyone not require signed returns?

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Lending Compliance
#446299 - 10/24/05 09:56 PM Re: Tax Returns
HRH Okie Banker Offline
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Joined: Jan 2003
Posts: 3,070
Oklahoma
We require tax returns to be signed, by the taxpayer or the preparer. There have actually been instances of customer's providing tax returns that were different that what was filed. You have a better case of claiming "fraudulent documents" with signed copies.
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#446300 - 10/25/05 08:51 AM Re: Tax Returns
Anonymous
Unregistered

I've had a lot of experience as a consultant doing loan reviews. Most banks I've worked in require the tax returns to be signed with an original signature, i.e., take a copy of the return that was filed, then sign it again when it is submitted to the bank. Some banks used a stamp stating, "I certify this is a true copy of the original" or similar language for the signature. This is done for the reasons stated by Okie Banker.

There were plenty of banks that did not get signed tax returns, however, most did get signed returns. Regulators occasionally criticize the unsigned returns, but not a major criticism if that's all that's wrong.

Where I've seen banks go from not getting a signature to requiring it, it has not been a problem other than some initial grumbling from lenders. It really is not much work for the borrowers to sign the returns and they want the loan, so they are willing to do it. Once they have the loan proceeds, it's much harder to get the borrowers to come in for any reason.

My recommendation would be to begin to have the returns signed going forward for all new loans and renewals and to use a stamp with appropriate wording stating they certify that the return is a true copy of the original filed return.

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#446301 - 10/25/05 12:31 PM Re: Tax Returns
pjs Offline
10K Club
pjs
Joined: Aug 2004
Posts: 10,321
oHiO
Quote:

During loan review it is frequently found that files contain unsigned tax returns. Besides being 'best practice', are there any issues I should be concerned about? Our loan policy does not state if returns must be signed. Does anyone not require signed returns?




It's in our lending policy that tax returns are to be signed by the borrower(s). I do a FYI to the board on the # of returns not signed which today is not very many- and the loan officers get a report on those quarterly and most of them get the borrower in and have the returns signed. Some wait until the borrower comes for another loan, or a renewal and then they have them sign them. It is so much easier though to get them to sign them upfront but they're working on that.

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#446302 - 10/25/05 08:49 PM Re: Tax Returns
Z Girl Offline
New Poster
Joined: Oct 2005
Posts: 4
California
Thank you so much for the information - I'll be recommending that the credit policy be revised to require signatures on tax returns. I like the idea of the stamp and reporting the errors should sure help decrease the unsigned returns.

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