It’s only a problem when you have to explain it to an out of state loan processor who is only going by a short cheat sheet that says yes or no to spouse not in title on mortgage. I have to say. It depends how they answer the question. Usually an affidavit done under oath makes them more truthful. Which is why I do my start of closing with. 1. Check ID. 2. Privacy policy. 3. Right to counsel. Then 4. Owners Affidavit. If we get past that, then I start with the loan docs. Later on if they have mortgaged the family home while they are getting a divorce, we can fall back on the affidavit done under oath which indicates all is still bliss. Many lender underwriters play it safe and require the spouse on anyway. You can always add people to a mortgage or note. However you always have to have the titled owners on the mortgages at aminimum. In my other state New Jersey where a spouse not in title has to join on a refinance or sale, you can’t believe how many lenders only want one spouse on the mortgage. I have to tell them the spouse must join on mortgage, rescission documents and CD. And sometimes I have to be very firm with them. When doing exams I frequently find mortgages recorded that way. It’s a claim waiting to happen.

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