If a lender counter offers an applicants loan request and send a counter offer that is NOT the combined AA/counter offer. Does the counter offer require the ECOA notice? In this case ( and don't ask me why they do it this way) if the customer does not accept the counter offer, an AA notice is send with the required disclosures. I looked through Reg B and this is not addressed,it seems to me that it would not be need in the counter offer since at this point the loan is not offically delcined.....Thoughts?

If you send the combined letter, and the customer does not accept the counter offer, then no further action is needed. If you do not send the combined letter and the counter either expires or the customer does not accept it, then an AA letter must be sent. There is no Regulation that states a counter offer must be written. A verbal would suffice as long as your file is documented.

That I know, my question is: Does the counter offer require the ECOA notice on the form if it is not a combined form?\, but stricly the counter offer?

No

The counter offer does not have to have the ECOA or FCRA language. That will be provided when the AAN is sent no more than 90 days after the counteroffer is extended and not accepted.

As lmh0104 said,

If there's no reg to require a counter-offer in writing, how would you supply the ECOA notice? Verbally?

No. You would supply that notice in writing when your applicant either does not accept the counter offer or it expires.

Thanks guys that is what I thought also, need to confirm. Thanks again