Consumer complaint received 2022-07-11
Company: Comerica
State: CA
Product: Mortgage
Sub-product: Home equity loan or line of credit (HELOC)
Issue: Closing on a mortgage

Complaint:
Hi there, thank you for spending the time to help me with me case. Very appreciated your help. 

I want to make a compliant about Comerica Bank HELOC loan process center is discriminating my XXXX and marital status by forcing me to add my husband 's name to the deed at closing signing of a property that he has no ownership to, and despise what the California law states. 

I applied for Comerica HELOC in middle of XX/XX/XXXX, and about weeks ago ( end of XXXX ) I received a phone call and demanded to add my husband to sign the Deed of Trust and the Right to Cancel documents. 

I explained to them that my husband ( we got married in XXXX XXXX ) has no interest and ownership to the property, so he is not entitled to sign any documents for this loan. I purchased the house in XXXX XXXX when I was single, unmarried, and with particle gifted money from my sister. I am the sole owner of this property. 

On XX/XX/XXXX, XXXX XXXX, emailed me said, since I am married now so my husband has Homestead Rights, so he has to sign. I consulted the attorney, and replied to her email : " Pursued with California Code of Civil Procedure Sections 704.930. The spouse can not declare a homestead  on the separate property of the other spouse in which the declarant has no ownership interest. https : XXXX XXXX XXXX XXXX704.930. 
Also its stated on the article on Page XXXX under the " Rights of Spouses '' : XXXX XXXX XXXX " She replied says : " Unless you have a deed that says sole and separate your husband has homestead  rights therefore Comerica requires signature. Your deed that was reviewed by our title specialist does not indicate sole and separate ''. 

They despise the CA Code of Civil Procedure I sent her in my last email about the Homestead Rights, I emailed her again : " An Unmarried woman '' falls under " Sole Ownership '' in California, and the only time sole and separate needs to be added is when I am Married and I am purchasing a property but want to make this property a separate property. I purchased the house ( XX/XX/XXXX ) before I got married ( XXXX XXXX ) and therefore it was recorded as an " Unmarried Woman ''. 
Please check the following guidelines from California XXXX County. 
XXXX XXXX XXXX sfvrsn=0 The California Land and Title Association also pointed it out that an " Unmarried Woman " falls under Sole Ownership on the following doct : XXXX XXXX XXXX Lastly, California CIVIL CODE SECTIONS 681, also stated the same. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX " As today, XX/XX/XXXX, I received an email from XXXX, the Vice President-CA Banking Center Manager of Comerica, and XXXX XXXX XXXX the Loan fulfillment Analyst. XXXX told me, this is their final decision from the loan center, that either my husband sign the closing documents or they close my approved loan. I feel I have been highly discriminated because I am a female, and they believe I don't have the capability to handle my financial and wanted to forced me to add my husband to the title who has no ownership and interest to this property even after I provided them with the California law. 
I feel they are threatening me if my husband don't sign at closing they will cancel my approved HELOC. I said this is not right, and they said, I know you have sent me all the California code but we are a financial institute the loan center have a different way of running it. I am not sure, If I am the only one experienced this or they have been doing business like this for a long time despise what the law says and doing things their way. I feel I am not getting treated equally, and every one out there should be aware of this awful business practice.

Company response to consumer: Closed with explanation