Legal Question in Real Estate Law in California
I was asked by the mortgage company to write a letter explaining the nature of my relationship to the co-borrower. We are engaged, but I thought it was odd to ask for a letter when FHA guidlines don't require it. Two months later I have been told that the letter I sent them with the date of our wedding and the deacons name, churches name and phone number wasn't good enough; they need more proof. My fiancee is Mexican-American and I am German so there are two very distinguished names on the title. My question is: Can the title company ask me for a letter about our relationship stating that the first letter wasn't sufficient (Twice)? Are we the victims of descrimination?
2 Answers from Attorneys
You are confused. Are you asking about the title company or the mortgage company?
They are trying to find out if you are married. California is a community property state, and lenders in California want either both spouses to sign the deed of trust securing a loan, or else see an instrument conveying one spouses interest to the encumbering spouse, confirming that the property is separate property.
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