Creating the disclosures after the fact does no solve the problem.
The consumer department is having to create products and disclosures based on what a commercial lender may have promised.
No they don't. They simply tell the commercial loan officer we have no such product and they have to fit the product into the products that have been established and approved by the bank, not what they want to establish. The loan officer has no, or should have no authority to offer any product outside the bank's established and approved porducts.
If I were you I would apply for the fixed rate product. And if you are in a protected class and meet the eligibility requirements. Well then I would say your bank better be prepared to make you that loan and any other protected class that applies for a fixed rate HELOC because you now offer such a product.