Is it legal for a mortgage company to ask for a letter from a doctor stating someone is of sound mind?

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Is it legal for a mortgage company to ask for a letter from a doctor stating someone is of sound mind?

Mom has mild dementia and is having to live with me. We are trying to refinance her home, so the bank is asking for this letter, due to the loan is going to be a non owner occupied home.

Asked on January 9, 2012 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is nothing improper with a representative with the lending company to ask for a letter from your mother's treating physician to provide an opinion as to her mental status. The need for such a letter from the treating physician will most likely assist in the evaluation of the refinance of the home that your mother owns in that if she is not mentally competent, she cannot legally be bound to any loan due to lack of mental capacity to contract.

If your mother wants the loan, I would be very careful in having her physician write a letter concerning her mental capacity at this time. I suggest that you and your mother consult with a real estate attorney about the requested letter.


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