Is it legal for my morgage broker to ask for doctor’s note regarding my disability?

I am in the process of buying a home with an FHA backed loan. My son receives monthly social security checks for a permanent disability he has had since birth. They factor his checks into my income to buy the house I have given them several papers from social security verifing that he receives the money and bank statements. Now they are asking for a doctor’s note saying that he is permanently disabled and will continue to be. Is this legit because from what I have read it is not but I’m stuck I need a new home and I’m afraid if I don’t comply they will deny my loan.

Asked on May 3, 2017 under Real Estate Law, Oregon

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A mortgage lender has a duty to insure that its borrowers are good risks. Accordingly, it can ask for whatever information it reasonably deems necessary to protect its interests. To the extent that it can satisfy itself that your income is from your son's disability checks and that they will remain a permanent income stream, it can ask for verification of his disabiltiy. The fact is that this lender is not legally obligated to privode you with financing. Bottom line, if you want the loan, you should obtain a doctor's note.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is legitimate. Remember: no lender and no mortgage broker has an obligation to lend--it is voluntary for them to do so. It being voluntary, they may request information to satisfy themselves that a prospective borrower is a good risk. You state that his checks are part of you income: they can look to confirm that this income stream is permanent, not temporary, the same as they can inquire into a borrower's employment.


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