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Borrower Certification means, with respect to any request for a Loan, a certification of the Borrower stating that (i) no Default or Event of Default will occur or be continuing after giving effect to such Loan, and (ii) the proceeds of such Loan will be used solely for Permitted Uses.
In most states, your spouse doesn't need to be listed on the mortgage. However, if you're using an FHA loan to buy a house in one of the nine community property states, for example, your spouse's debts will still impact your ability to get a mortgage by yourself, even if they won't be listed on the loan.
(a) Notwithstanding any other provision of law, any person who purchases or is otherwise assigned a high-cost home loan shall be subject to all claims and defenses with respect to the high-cost home loan that the borrower could assert against the lender of the high-cost home loan, unless the purchaser or assignee ...
Can I Keep My Spouse's Name Off The Mortgage? Whether you live in a community property or common-law state, you have the option to leave your spouse off the mortgage. Let's take a look at some reasons it might make sense to apply for the mortgage alone.
Sole Ownership in Tennessee This means that spouses can buy, sell, or own property without the involvement of the non-owner spouse. The only exception to this is when using a deed of trust. A non-owner spouse would need to sign any deed of trust other than a purchase money deed of trust.
The borrower's certification and authorization also authorizes the lender to share information in the loan application with other parties. It also gives the lender the right to verify information in the loan application, credit application, and employment history.
If you are not on the mortgage for whatever reason, you are not liable for paying the mortgage loan. That said, you get your spouse's interest in the property if they die. However, if you default on mortgage payments, the mortgage lender has the power to foreclose on the home and evict you.
A: It is not a legal requirement. But any lender will want the Deed of Trust to be signed by both married parties because of occupancy and homestead rights which are encumbered by that instrument. If both do not sign, then the loan will probably not be made.