You are required to provide the notice a reasonable time before closing. Ten days is an attempt to suggest what's reasonable. Under the circumstances, since the borrower already knows, a shorter period could also be reasonable. But you still have to provide the notice and obtain the borrower's acknowledgment of delivery, even if it seems silly to do so.
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8