What Are Mortgage Lenders Allowed To Ask Borrowers?

By Michele Lerner | June 25, 2012 AAA
What Are Mortgage Lenders Allowed To Ask Borrowers?

Mortgage applicants expect to be asked to prove their income, verify their employment and provide permission for their tax returns to be reviewed, but these days, lenders frequently demand more and more answers to questions that may seem out-of-bounds to borrowers. Questions about exactly where every dollar comes from in your bank account may seem excessive, but lenders must document everything about an applicant's finances in order to prove to underwriters that the borrowers will repay the loan.

SEE: Homebuyers' Walkthrough: Obtaining A Mortgage

Questions You Should Expect from a Lender
Job History
Most lenders want to see a two-year history of employment and will need a contact where your job can be verified. In some cases, according to a recent article in MarketWatch, lenders can ask to see your diploma or college transcript in order to verify that you were in school when you said you were.


Income
Typically, two recent paystubs are required, but some lenders will also require tax returns, particularly if you were self-employed. Discrepancies in income can trigger extra questions, especially if your income has declined for some reason such as a reduced bonus or commission. If you receive child support, Social Security or some other payments other than wages, you'll need to provide documentation that the income will continue.


Assets
Lenders want to know where your assets have come from in order to ensure that you are not borrowing money from someone for the down payment. Gift letters are required and must meet lender restrictions if you are getting help for your home purchase.


Debts
Your debts will show up on your credit report and will be calculated as part of your debt-to-income ratio. It's a good idea to review your credit history before applying for a mortgage because any disputed debts or debts that you believe have already been repaid will require proof and may need to be erased from your credit report before you can qualify for a loan.


Credit History
Your credit score is an important part of your loan application, but lenders will also look at your report to check for credit inquiries and past credit problems. If you have a number of recent credit inquiries, lenders may ask if you have taken out other loans or new credit cards that have yet to show up on your report.

SEE: Check Your Credit Report

Unexpected Lender Questions That Are Still Legal
Ethnicity
In order to avoid discrimination based on someone's ethnic background, the Department of Housing and Urban Development (HUD) actually requires lenders to ask about borrowers' race. HUD can then review lender records to make sure they aren't routinely turning down minorities or charging them higher fees.


Lawsuits
While it may seem like a lawsuit, especially if you are the plaintiff, should not impact your home financing, lenders always require applicants to ask if they are involved in a lawsuit because of the potential cost and the possibility of a judgment that goes against the borrower.


Divorce
Lenders are particularly concerned about the financial details of a divorce because of the possibility that a borrower could be held responsible for an ex-spouse's debt. In addition, if you are trying to include child support or alimony as income on your loan application, a lender will need some hard proof that the income will continue.

Questions You Can't Be Asked
While it may seem that a lender can ask a borrower anything, there are two topics that are forbidden for lenders to investigate: family planning and health issues. According to HSH.com, under the Equal Credit Opportunity Act, lenders are not allowed to ask if you are planning a family. In the past, this question was used to discriminate against female borrowers because lenders assumed women would quit work when they became pregnant. You can, however, be asked about how many dependents you have and about your marital status, because that is information that can be used to qualify you as a first-time homebuyer and for special loan programs that have income limitations.

Under the Fair Housing Act and the Americans with Disabilities Act, lenders are prohibited from discriminating against borrowers who are ill or disabled, so they are not allowed to ask you any questions related to your physical condition.

The Bottom Line
Every borrower today needs to be prepared to answer almost anything a mortgage lender asks, but if you feel you are being asked inappropriate questions you should ask your lender some questions in return and perhaps find another lender.

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