Pulling credit on spouse not obligated on loan

Posted By: Spring Alexander

Pulling credit on spouse not obligated on loan - 01/15/09 09:53 PM

I need some guidance on the following, and couldn't find specific regulatory commentary regarding this issue:

We regularly receive verbal applications for commercial loans. Occasionally, the business is owned by one spouse and the other has no interest or ownership in the business applying for credit. This spouse will not be obligated on the loan as a signer or guarantor, either. Is it permissable to pull a credit report on this spouse? I live in a community property state (Idaho).
Posted By: Ray_

Re: Pulling credit on spouse not obligated on loan - 01/15/09 10:31 PM

I'm not sure how much the community property plays in here, but what would be the permissible purpose for pulling the non-borrowing spouse's credit?
Posted By: Spring Alexander

Re: Pulling credit on spouse not obligated on loan - 01/15/09 11:10 PM

I think being in a community property state if the business were unable pay on the debt, we would go after the spouse before seeking payment from the guarantors.
Posted By: Ray_

Re: Pulling credit on spouse not obligated on loan - 01/15/09 11:12 PM

Texas is community property also and we don't pull credit on non-borrowing spouses. That could just be our procedure and not the law.
Posted By: rlcarey

Re: Pulling credit on spouse not obligated on loan - 01/16/09 03:08 AM

16 CFR 600 - The old FCRA commentary that has yet to be rescinded:

5. Information on an Applicant's Spouse

A. Permissible purpose. A creditor may request any information concerning an applicant's spouse if that spouse will be permitted to use the account or will be contractually liable upon the account, or the applicant is relying on the spouse's income as a basis for repayment of the credit requested. A creditor may request any information concerning an applicant's spouse if (1) the state law doctrine of necessaries applies to the transaction, or (2) the applicant resides in a community property state, or (3) the property upon which the applicant is relying as a basis for repayment of the credit requested is located in such a state, or (4) the applicant is acting as the agent of the nonapplicant spouse.
Posted By: Ray_

Re: Pulling credit on spouse not obligated on loan - 01/16/09 11:50 AM

Thanks for the cite.