Need Advise

[Anonymous]

I'm married and applied for a mtg loan by myself.  My husband is unemployeed right now and prior to that worked under the table for a general contractor.  I was able to pre-qualify all on my own and I'm in escrow right now.  I've not put his name on any of the papers or anything because of his employment status and the fact that he back pay for child support. Today the underwriter called my LO and told her that since I'm married they need to run my husbands credit, we live in CA. He has no credit basically, no auto or credit card loans, he just has the past due child support he owes.  Will the underwriter deny me becuase of this?

[SCAREDCROW]

It's my understanding that they do not "need" to pull your husband's credit, unless his income and/or credit needs to be used in qualifying the loan.  If you are qualified on your own for the purchase and your name alone is going on the mortgage, no one should care what your marital status is or who you live with.

[Anonymous]

Even for a FHA loan?  My LO is looking into the guidelines.  I just feel robbed because his child support is not my responsiblity. They cannot come after me for any of that money or what he owes, so why should they deny me.

[Anonymous]

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@SCAREDCROW wrote:
It's my understanding that they do not "need" to pull your husband's credit, unless his income and/or credit needs to be used in qualifying the loan.  If you are qualified on your own for the purchase and your name alone is going on the mortgage, no one should care what your marital status is or who you live with.

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I'm 99% sure that California is a community-property state. In which case, they HAVE to pull the spouse's credit.

Why? Because legally, as per CPS law, HIS debts are YOUR debts and have to be included in Debt-to-Income ratio. And vice-versa. However, the use of his credit scores in qualifying is optional.

[Anonymous]

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@Anonymous wrote:
Even for a FHA loan?  My LO is looking into the guidelines.  I just feel robbed because his child support is not my responsiblity. They cannot come after me for any of that money or what he owes, so why should they deny me.

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The child support will be counted in with YOUR other debts (since CA is a community property state). If that amount doesn't screw up your DTI, you should be fine.

Credit-wise, it won't count against you (unless you decide to pop hubby on the loan). They're not looking for credit issues, just financial info.