[apexcrsrvc]

I agree that the applicant isn't disadvantaged presuming that the spouse applying is an authorized user on the holder spouses account and that said holder spouse is "not" otherwise involved in the mortgage application. Otherwise, the account isn't considered pursuant to the Announcement.

The language indicates that if both spouses apply together (which is only logical), for example, DTI/income purposes, then the AU accounts of the spouse that isn't the holder will not be considered. Therefore, it is imminent that "spouses" are going to be declined because the AU spouse is going to have a score that doesn't meet the threshold under this system. However, if the AU's were considered, they would.

That last sentence is largely immaterial insofar as under the scenario above the mere non-consideration of the AU account is a violation of the ECOA. And, it will occur time and time again for the simple reasons that I mentioned.

Now, your statements as to other reasons for a decline, while speculative, may mitigate some of the liability. However, it won't relieve them of liability alltogether. That model still violates the ECOA and it's legislative intent.

I don't really see this as frivilous due to the number of people it will affect but, that subjective term I suppose is a matter of perception.