Skip to content
BOL Conferences
Thread Options Tools
#523291 - 03/28/06 07:26 PM Joint Credit and Co-signers
SandraS Offline
New Poster
Joined: Mar 2006
Posts: 14
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!!

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

10K Club
Kathleen O. Blanchard
Joined: Dec 2000
Posts: 21,293
Can you clarify what you mean by "not having joint credit signed by the co-signer". Do you mean the disclosure, or the note?
_________________________
Kathleen O. Blanchard, CRCM "Kaybee"
HMDA/CRA Training/Consulting/Mapping
The HMDA Academy
www.kaybeescomplianceinsights.com

Return to Top
#523293 - 03/28/06 07:43 PM Re: Joint Credit and Co-signers
SandraS Offline
New Poster
Joined: Mar 2006
Posts: 14
Missouri
The notice, not the note. Thanks for responding so quickly.

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

10K Club
Kathleen O. Blanchard
Joined: Dec 2000
Posts: 21,293
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.
_________________________
Kathleen O. Blanchard, CRCM "Kaybee"
HMDA/CRA Training/Consulting/Mapping
The HMDA Academy
www.kaybeescomplianceinsights.com

Return to Top
#523295 - 03/28/06 08:22 PM Re: Joint Credit and Co-signers
SandraS Offline
New Poster
Joined: Mar 2006
Posts: 14
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??

Return to Top
#523296 - 03/28/06 08:30 PM Re: Joint Credit and Co-signers
upstateNY Offline
Platinum Poster
Joined: Apr 2003
Posts: 933
New York State
A co-signer is not a joint applicant and would not, should not be signing the "intent to apply for joint credit".

Return to Top
#523297 - 03/28/06 08:35 PM Re: Joint Credit and Co-signers
SandraS Offline
New Poster
Joined: Mar 2006
Posts: 14
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.

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

10K Club
Kathleen O. Blanchard
Joined: Dec 2000
Posts: 21,293
I see you mean the joint credit "intent" signature. I gave you the disclosure rules.
_________________________
Kathleen O. Blanchard, CRCM "Kaybee"
HMDA/CRA Training/Consulting/Mapping
The HMDA Academy
www.kaybeescomplianceinsights.com

Return to Top
#523299 - 03/28/06 08:58 PM Re: Joint Credit and Co-signers
upstateNY Offline
Platinum Poster
Joined: Apr 2003
Posts: 933
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.

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

10K Club
Kathleen O. Blanchard
Joined: Dec 2000
Posts: 21,293
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.
_________________________
Kathleen O. Blanchard, CRCM "Kaybee"
HMDA/CRA Training/Consulting/Mapping
The HMDA Academy
www.kaybeescomplianceinsights.com

Return to Top
#523301 - 03/28/06 09:22 PM Re: Joint Credit and Co-signers
SandraS Offline
New Poster
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?

Return to Top
#523302 - 03/29/06 12:42 PM Re: Joint Credit and Co-signers
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 84,407
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.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#523303 - 04/01/06 03:38 AM Re: Joint Credit and Co-signers
David Dickinson Offline
10K Club
David Dickinson
Joined: Nov 2000
Posts: 18,765
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.
_________________________
David Dickinson
http://www.bankerscompliance.com

Return to Top