We're doing a refinance transaction in a community property state. Both husband and wife are on the original mortgage, but only the wife will be on the refinance because hubby's credit has deteriorated. This loan is being processed in our secondary market area, and the company we're going to sell it to has stated that we need to provide the GFE to both parties, even though only the wife is the borrower.

I second guess myself all the time these days ... is this correct?

It doesn't matter who's on the mortgage. It matters who is on the deed as to who gets disclosures. Further in a community property state, you must notify the spouse if you're mortgaging the primary residence even if the spouse is not on title.

Sorry - I meant we're a NON community property state.

I came across an argument that the new GFE is a shopping disclosure and since the non-borrowing spouse is not the one shopping, they don't need to get it. That's sort of where this is stemming from and we've been having a lot of discussion on it.

Sometimes I wish I could get bonked on the head and forget everything I knew "before" and just start fresh with all these new rules.

3500.7(a)(2). The GFE is required to be provided to the "loan applicant". The non-borrowing spouse, or other person, would not be a loan applicant.

If the non borrowing spouse is in title, would they receive the initial Truth in Lending?

Thanks

Only if they have the right to rescind.