Married/Single/Sole and Separate

Posted By: Dollye7

Married/Single/Sole and Separate - 10/21/08 03:18 PM

Our married couple customers want to do a home improvement loan. Only Mr. is on the deed. Does Mrs. sign the mortgage and receive disclosures also?

Thanks!
Posted By: Geoz

Re: Married/Single/Sole and Separate - 11/18/08 05:30 PM

If a co-applicantis applying for credit but is not a titled owner of the property securing the loan, this co-app would sign the promissory note but not the deed of trust or mortgage instrument. As a joint applicant she should receive disclosures; the fact she doesn't have any ownership has no bearing. The only exception might be the Right of Rescission. Under Reg. Z you are not technically required to give this co-applicant an opportunity to rescind since she has no legal ownership in the primary dwelling.