[apexcrsrvc]

Simple question, how are they going to know if the "spouse" is the primary account holder? Rely on someone to tell them that the account holder isn't and losing the loan thereby? That is a rather naive notion and it also shifts the burden to the applicant to prove that the spouse is the account holder. You can't issue or decline to issue a loan based upon martial status.

Moreover, what if both husband and wifer are applying but, one spouse has too low of a score but, must be on the app for income purposes? That's where this statement violates the ECOA. Read and apply this to Fannie Mae's statement . . .

(6) Credit history. To the extent that a creditor considers credit history in evaluating the creditworthiness of similarly qualified applicants for a similar type and amount of credit, in evaluating an applicant's creditworthiness a creditor shall consider:
(i) The credit history, when available, of accounts designated as accounts that the applicant and the applicant's spouse are permitted to use . . .

Under sub-section (6)(i), a lender must consider these accounts. Therefore, Fannie Mae is going to violate the ECOA in the scenario I presented above.

I see this forcing person A and their spouse to get added to the same account and then, only one applying for the loan. Or, you could see mass litigation shortly.