Our bank has a FDIC Loan Modification Program for Single Family Residential Loans as the primary residence. This is a fairly new program for the bank starting earlier this year. We have a situation where we have a married borrower but the spouse is not a co-borrower. Since we are a Texas Bank the spouse signed the Deed of Trust, but not the original note. Now that we are modifying the note to extend the maturity date the attorney is recommending that the spouse sign the note. The note is written to read John Doe, and wife, Jane Doe “Proforma”, whose address is 123 (“Borrower”). In addition, the non-borrowing spouse is signing the note under borrower, but with “Proforma” by their name. Does adding “Proforma” by the non-borrowing spouses name offset that they are listed as a borrower? Is this the right way to go about the modification?

the attorney is recommending that the spouse sign the note.

Based on what theory. Sounds like you need to find an attorney that is a little bit better versed in Regulation B.