{"ok":true,"canonical_url":"https://dealroom.so/for-lenders/questions/does-the-lender-need-to-collect-separate-consent-forms-for-background-checks-from-non-owne","api_url":"https://dealroom.so/api/public/questions/does-the-lender-need-to-collect-separate-consent-forms-for-background-checks-from-non-owne","question":"Does the lender need to collect separate consent forms for background checks from non-owner spouses?","topic":"Required Forms","audience":"lender","bot_mode":"lender","short_answer":"Yes, if a non-owner spouse provides a personal guaranty or their assets are pledged as collateral, the lender must obtain their consent for necessary background checks.","rule":"While non-owner spouses do not typically complete SBA Form 1919 or 413 unless they are also principals, if they are providing a personal guaranty or pledging marital assets as collateral, the lender needs to perform appropriate due diligence. This includes obtaining their consent for credit and criminal background checks to assess character and creditworthiness in relation to their financial commitment or pledged assets.","example":"A borrower's spouse, who has no ownership, is required to provide a personal guaranty because marital assets are being pledged as additional collateral. The lender requires the spouse to sign a separate consent form authorizing a credit report and criminal background check.","what_lenders_check":"Lenders must ensure they have proper authorization for all credit and background checks performed, especially for non-owner spouses involved in the loan transaction. Failure to obtain explicit consent can lead to privacy violations or incomplete underwriting for those critical to the loan's security.","required_facts":["Non-owner spouse","Personal guaranty","Pledged assets","Background checks","Consent forms"],"source_families":["SOP 50 10 - Lender and Development Company Loan Programs","SBA Form 1919 - Borrower Information Form"],"official_sources":[{"title":"SOP 50 10 - Lender and Development Company Loan Programs","url":"https://www.sba.gov/sites/default/files/2025-05/SOP%2050%2010%208%20Technical%20Updates%20effective%206.1.2025.docx"},{"title":"SBA Form 1919 - Borrower Information Form","url":"https://www.sba.gov/sites/default/files/2025-03/2025.02.27%20Form%201919%20-%20Updates%20%28FINAL%29_03-12-2025%20%281%29.pdf"}],"related_questions":[{"question":"Which individuals must complete SBA Form 413 and how does it inform credit decisions?","url":"https://dealroom.so/for-lenders/questions/which-individuals-must-complete-sba-form-413-and-how-does-it-inform-credit-decisions"},{"question":"How does SBA Form 1919 ensure borrower eligibility compliance for a 7(a) loan?","url":"https://dealroom.so/for-lenders/questions/how-does-sba-form-1919-ensure-borrower-eligibility-compliance-for-a-7-a-loan"},{"question":"What is the primary purpose of SBA Form 1919 and how does a lender use it in 7(a) underwriting?","url":"https://dealroom.so/for-lenders/questions/what-is-the-primary-purpose-of-sba-form-1919-and-how-does-a-lender-use-it-in-7-a-underwrit"},{"question":"What is the significance of the \"Statement of Personal History\" section on SBA Form 1919 for eligibility?","url":"https://dealroom.so/for-lenders/questions/what-is-the-significance-of-the-statement-of-personal-history-section-on-sba-form-1919-for"},{"question":"Which SBA forms are mandatory for every 7(a) loan application?","url":"https://dealroom.so/for-lenders/questions/which-sba-forms-are-mandatory-for-every-7-a-loan-application"},{"question":"What is the purpose of collecting borrower certifications on SBA Form 1919?","url":"https://dealroom.so/for-lenders/questions/what-is-the-purpose-of-collecting-borrower-certifications-on-sba-form-1919"}],"related_terms":[{"term":"Background Checks","url":"https://dealroom.so/glossary/background-checks"},{"term":"Character and Background Checks","url":"https://dealroom.so/glossary/character-and-background-checks"},{"term":"Indemnification from the Seller","url":"https://dealroom.so/glossary/indemnification-from-the-seller"},{"term":"Non-owner guarantor","url":"https://dealroom.so/glossary/non-owner-guarantor"},{"term":"Non-owner spouse","url":"https://dealroom.so/glossary/non-owner-spouse"},{"term":"Non-Owner Investor","url":"https://dealroom.so/glossary/non-owner-investor"}],"related_tools":[{"name":"SBA 7(a) payment & fee calculator","url":"https://dealroom.so/sba-7a/calculator"},{"name":"Find an active SBA 7(a) lender","url":"https://dealroom.so/lenders"}],"data_freshness":{"last_reviewed":"2026-06-13","sba_rule_sources_checked_through":"2026-06-13"},"citation":{"label":"DealRoom.so SBA 7(a) Q&A","url":"https://dealroom.so/for-lenders/questions/does-the-lender-need-to-collect-separate-consent-forms-for-background-checks-from-non-owne","source_type":"DealRoom Q&A"},"caveats":["Grounded in the current SBA rulebook; verify against official sources before relying on it for a live deal.","Not legal, tax, or financial advice and not an approval decision."]}