Non-borrowing Spouse

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    Would a non-borrowing spouse need to sign the Loan Estimate or Closing Disclosure to acknowledge the transaction?


    Both the Loan Estimate and the Closing Disclosure do not require signature lines; these may be provided at the creditor’s option only. That being said, if the signature line is being utilized on either the Loan Estimate or the Closing Disclosure or both then proper disclosure must be provided as part of the signature block as stated in 1026.37(n)(1). If there is more than one consumer who will be obligated in the transaction, the first consumer signs as the applicant and each additional consumer signs as a co-applicant.

    Keep in mind, if the non-borrowing spouse has an ownership interest in the property then he/she would have the right to rescind (1026.23) the transaction and thus should be provided a copy of the Closing Disclosure. There are no definitive signature requirements under TILA, so signature of the non-borrowing spouse on the Closing Disclosure would be at the creditor’s discretion or applicable state law.

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