An interesting bit of business

My wife contacted me to ask for my authorization in the use of my personal information for the purposes of her obtaining a loan modification on the house. She copied me on an email exchange between her and the loan agent and I include it here for your perusal (note that names and lending organization have been removed in the spirit of protecting privacy), displayed with the most recent at top:

Karl,
please read through the thread and let me know if you're willing. thanks.

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Mrs.X,

I have been advised due to this being and FHA government program that getting around the spouse information is not an option. I inquired about how it was that you did not provide this information before and was advised if you did a conventional loan this is not a requirement. This is not a Chase guideline it is government. We have to underwrite off their guidelines with no exceptions. I will hold onto your loan until you advise how you want to proceed.

Thank You,
Loan Agent
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Subject: Re: REFINANCE

Hi Loan Agent -

I apologize for being such a pain about this and I thank you for your patience. I am attaching a PDF that includes the county recorded interspousal transfer deed on my property. The first 3 pages after the cover are the deed. If it is possible to resubmit with this deed to underwriting to see if they will accept it as proof my husband signed over the property to me, I would like to try it first before any other route involving his credit being pulled.

Thank you in advance.
Regards,
Mrs. X
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On Mon, May 3, 2010 at 12:34 PM,

Mrs. X,

We will not be considering his income in this loan…infact he will not be on the loan at all. We just require that we review his liabilities due to your state being community property. Per the law we cannot get around this . If he would like to call me to discuss that is also fine. I have attached an authorization form in the event he will comply
Thanks
Loan Agent

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From: Mrs. X
Sent: Sunday, May 02, 2010 8:30 PM
To: Loan agent
Subject: Re: REFINANCE
Dear Loan agent -
I am attempting to get a copy of the interspousal transfer deed signed by my husband when we refi'd. If that will be satisfactory to continue this process, please let me know. If you need a new one to be signed by him for the loan modification to continue, then if you can email me what he needs to sign, I will get him to sign it and get it back to you asap.

He will not consent to having his credit pulled, nor do I want his income/debt considered when I am the sole person on title of the house currently and will be continuing payments with only my income.

Thank you for your assistance.
Regards,
Mrs. X
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Hi Mrs. X

Unfortunately we do have to have his information. I can assure that he will not be on the loan ,but since your divorce not final and California is a community property state , we cannot proceed to Underwrite without that information.

Loan Agent

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From: Mrs. X
Sent: Thursday, April 29, 2010 11:55 AM
To: Loan Agent
Subject: Re: REFINANCE
Dear Loan Agent -

My husband and I are going through a divorce. I doubt he will comply. Does that mean, this is over?
Thanks,
Mrs. X

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Hi Mrs. X,

Per my voicemail message , California is a community property state and since you are married we will need your spouse information such as full name, birthday and social security number. I have also attached an authorization form for him to sign so that we can pull credit for him . He will not be on the loan but any debt that he has will be conisdered when calculating debt to income ratios.

Please let me know if you have any questions and if you could forward the requested information I will get your file back to Underwriting asap.
Thank You in advance
Loan Agent

After checking with professionals who know of such things, I in the end, declined to allow the use of my personal information. Which of course has made my X2B very angry. And me very stressed. But I have to say this.. and in truth it pains me. I would like to believe my X2B to be above anything underhanded or unscrupulous. But after discussing this with both professionals and laypeople as well, it's starting to smell really funny. I am not accusing her because I still believe her to be a "high-road" person. Yet it's very hard to ignore the gut feeling I get from this.

I have a feeling that the real ugliness is about to begin.