Can my partner be denied after locking rate due to the fact they want to see my credit but we are not married?

Are you domestic partners? A yes to that question would tell me that they are within their rights to ask. On an FHA loan we have to see the credit of the non borrowing spouse or domestic partner. We do not typically decline a loan for bad credit but we do have to hit the borrower with the partners debt. If you are not married and not domestic partners the they probably are looking to see if there were any foreclosures or short sales in your past but they should not need to ask. They can always ask but it does not seem that they can make Ira condition of getting the loan from what you have said. I am available to discuss at (866) 385-1650 or www dot Ask The Loan Man dot com

Due to the fact that California is a community property state, non-borrowing spouse's debt can be taken into consideration. Although you are not technically married if it was disclosed that your partner has children, they would investigate for child support, alimony, etc... Good luck getting through the rest of the home buying process.

First off whoever your using to get your loan through, should have communicated this information to you. Virtually all Lenders/Banks/Investors have what we call overlays. So the bottom line is that whoever is doing the loan they can ask for whatever they want & you really don't have any recourse. It's like I tell my client they who hold the "gold" make the decisions. Bottom line if you want the financing then you will co-operate with the loan process, close on your home & move on. Good luck!

If you are registered "Domestic Partners", then in the lending world, you would be treated just like a married couple. In this is the case, then yes, they would have the right to ask for, review and deny based on the info of the partner. Otherwise, no, the person you are living with has no bearing on your qualifications for a loan. This applies to same sex partners and partners of the opposite sex. The fact that there are children only factors into the borrower's debt servicing/discretionary income portion of the qualification process. The other question that comes to mind where they could deny your partner for refusing is if you are opposite sex partners acting as a married couple. An example of this could include things like changing names so the last names are the same or hyphenated; referring to each other as "spouse" or "Husband/Wife" etc. Assuming that none of the above situations have occurred and you are not using a common or hyphenated last name, you are not married (no marriage certificate was issued), taxes are filed for both of you separately (not Married or Married filing separately) and you are not being claimed as a dependant, not registered Domestic Partners, then the question that needs to be asked is: "Under what premise are you (the Lender) asking for personal information from a non-borrower, non-spouse, non-Domestic Partner? They (that would be you) have nothing to do with this transaction". In the end, if they stand firm and deny the loan on this basis, it would seem to me that they have opened themselves up to a lawsuit for discrimination. Finally, rates are still great, and I would be really surprised if yow re unable to find comparable pricing with another lender. Good Luck. ~ Bert Carpenter, The LoansA2z team of NOVA Home Loans ~ NMLS 40586 ~ www.LoansA2z.com

I agree with Larry. The deal is not done until you have your keys in your hand & your walking of the closing! Good luck!