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#523291 - 03/28/06 07:26 PM Joint Credit and Co-signers
SandraS Offline
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Missouri
I'm not sure (I'm new here - always a good excuse huh?) if I'm in the correct forum but I'll ask anyway. I got written up by internal examiners for not having joint credit signed by the Co-signer. I've looked on this site but I cannot find a clear cut answer. I would appreciate any input. Thanks!!

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#523292 - 03/28/06 07:40 PM Re: Joint Credit and Co-signers
Kathleen O. Blanchard Offline

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Can you clarify what you mean by "not having joint credit signed by the co-signer". Do you mean the disclosure, or the note?
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#523293 - 03/28/06 07:43 PM Re: Joint Credit and Co-signers
SandraS Offline
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Missouri
The notice, not the note. Thanks for responding so quickly.

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#523294 - 03/28/06 07:57 PM Re: Joint Credit and Co-signers
Kathleen O. Blanchard Offline

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According to Federal Reserve Staff Interpretations, a signature is not required. See this .

Q14(b)-4: Acknowledgment of receipt. Must the cosigner notice be signed by the cosigner?

A: The rule does not require that the cosigner sign the cosigner notice, or otherwise acknowledge its receipt. (See, however, Q14(b)-9 on permissible additions to the cosigner notice.)

HOWEVER, your bank may very well require a signature as part of its process and you would be in violation of that policy or procedure.
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#523295 - 03/28/06 08:22 PM Re: Joint Credit and Co-signers
SandraS Offline
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Missouri
I'm sorry, you're talking about co-signer notices, right? I am referring to the Reg B Requirement - the joint credit notice. Does the co-signer have to sign that??

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#523296 - 03/28/06 08:30 PM Re: Joint Credit and Co-signers
upstateNY Offline
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A co-signer is not a joint applicant and would not, should not be signing the "intent to apply for joint credit".

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#523297 - 03/28/06 08:35 PM Re: Joint Credit and Co-signers
SandraS Offline
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Missouri
Can I ask if there's any info I can refer to when telling my co-workers this?? Even the compliance officer is wondering about it.... Thank you.

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#523298 - 03/28/06 08:47 PM Re: Joint Credit and Co-signers
Kathleen O. Blanchard Offline

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I see you mean the joint credit "intent" signature. I gave you the disclosure rules.
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#523299 - 03/28/06 08:58 PM Re: Joint Credit and Co-signers
upstateNY Offline
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New York State
Quote:

Can I ask if there's any info I can refer to when telling my co-workers this?? Even the compliance officer is wondering about it.... Thank you.



Refer to Reg B Commentary, 202.7 (d) (1) for definition of joint applicant. Co-signers are excluded.

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#523300 - 03/28/06 09:02 PM Re: Joint Credit and Co-signers
Kathleen O. Blanchard Offline

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Also, review this thread.


It gets confusing in the middle but clears up at the end. Much depends upon how and when a co-signer enters the picture. Did the co-signer come in with the applicant and they applied together? Did the bank decline the applicant and require a co-signer? It can make a difference.
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#523301 - 03/28/06 09:22 PM Re: Joint Credit and Co-signers
SandraS Offline
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Joined: Mar 2006
Posts: 14
Missouri
Thank you for your advice but I'm still confused. I guess this is just one of those things with no clear-cut answer, huh?

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#523302 - 03/29/06 12:42 PM Re: Joint Credit and Co-signers
rlcarey Offline
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Galveston, TX
I believe the confusion is caused by the use of the term "co-signer". A co-signer means one thing to people, while the term "co-applicant" means a totally different things. Are you referring to a co-signer or a co-applicant? If you can differentiate between the two I think it will help immensely when dealing with the requirements for indicating "intent" to apply on an application.
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#523303 - 04/01/06 03:38 AM Re: Joint Credit and Co-signers
David Dickinson Offline
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David Dickinson
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Central City, NE
Quote:

Refer to Reg B Commentary, 202.7 (d) (1) for definition of joint applicant. Co-signers are excluded.



I disagree. The definition of "applicant" is [202.2(e)]:
Applicant means any person who requests or who has received an extension of credit from a creditor, and includes any person who is or may become contractually liable regarding an extension of credit. For purposes of §202.7(d), the term includes guarantors, sureties, endorsers, and similar parties.

If you read the Commentary to 202.7(d)(1) #2, it states:
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.
If my son and I come in to get a car loan and the car will be titled in his name only, I'm a cosigner. We are applying contemporaneously. Therefore, you need to have documentation to support our intent to apply jointly.
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