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#920210 - 03/11/08 09:22 PM Joint DDA w/ single borrower overdraft protection?
RebekahL CRCM Offline
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RebekahL CRCM
Joined: Feb 2003
Posts: 883
Big Sky Country
It has always been my understanding that the borrowers on overdraft protection lines of credit should always match the ownership of the corresponding checking account. For example, if husband and wife jointly own a DDA, then they should both sign the corresponding overdraft LOC. However, this is being challenged by some loan officers.

I think we'd be flirting with ECOA violations if we had only one spouse on the LOC (when both are on the checking account), because one could effectively indebt the other without any liability. Am I off base?
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Me, Type A? Maybe - I'm not done analyzing it yet.

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Lending Compliance
#920236 - 03/11/08 09:50 PM Re: Joint DDA w/ single borrower overdraft protection? RebekahL CRCM
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 85,445
Galveston, TX
Contractually, is probably the biggest issue. If the wife has the LOC and the husband writes checks and overdraws the account, his signature on the check may not bind the transaction to the credit agreement.

I would rely on the commentary at 202.7(a):

Comment 3. Overdraft authority on transaction accounts. If a transaction account (such as a checking account or NOW account) includes an overdraft line of credit, the creditor may require that all persons authorized to draw on the transaction account assume liability for any overdraft.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#920346 - 03/12/08 02:47 AM Re: Joint DDA w/ single borrower overdraft protection? rlcarey
nbk2yj2 Offline
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Joined: Aug 2006
Posts: 629
Paradise!
We always required the account titling to be the same to avoid "issues".

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