I'm working on a audit and keep finding that disclosures are being sent on purchase and refinanced rental properties. To boot the disclosures are incorrect (timing, fees, etc.) Will examiners look at disclosures if they don't pertain to a loan yet they were sent out? I'm confused and need help...Thank you.

We were wondering the same thing. This is all I have found in regards to providing them when not required, I would assume then that the rules would not apply, however when we disclosue when not required we follow the rules as if they did apply.

HUD-1 F.A.Q. #2

Q: Does voluntarily using the HUD-1 in a transaction that otherwise is not subject to RESPA result in RESPA applying to the transaction?
A: No, using the HUD-1 form does not subject a transaction to coverage under RESPA.