on a refinance does the non borrowing spouse also have to sign the loan estimate or just the closing disclosure at closing?

I wouldn't have a non-borrower sign either one.

ETA: If the loan is subject to ROR and the non-borrower is an owner occupant, then they would receive a copy along with the ROR doc...but I would not have them sign.

^^^that's an in-house answer.
First, you have to see if the non-borrowing spouse is on title. If so, then they must sign off on the mortgage if it's primary residence. (check state specific rules) This applies to RoR too.
Second, if you're selling on secondary, investors will likely want the CloD signed by n-b the spouse too.

forgot to state, there's no rule that the LE must be signed by anyone, ever. That's an procedural decision specific to your bank.

Signing a CloD as a non-borrower and signing the deed are two different subjects, in-house or not.

I do agree that some investors have overly stretched the rest of the rules, so that is something an FI using an investor would need to specifically know what their investor requires.

we are in a community property state. so wife will have to sign the deed of trust. But do we have to give a copy of the closing disclosure to the non borrowing spouse. Not sign it, but give them also a copy of the closing disclosure? we understood we must.

If she has rescission rights she gets 2 copies of the CD and ROR form.

Read your RoR form.
It references three items the last of which triggers the RoR date.
One of those items is the Truth in Lending disclosure.
Under TRID, the Truth in Lending disclosures are part of the CloD.
Working backwards, if the nb-spouse gets RoR, they have to get the CloD too.

^^^This.

Dan, curiously, why 2 copies of the CLoD? The purpose for 2 copies of the ROR is to keep one and return one...is the above just an error?

Perhaps this is particular to your state? Here, we do not have the spouse sign any security instrument just because he/she happens to be married to the owner on the title. The lien stands regardless.

Home equity rules for my state....different story.

It's one copy of the CloD and two copies of the RoR notice for each consumer with RoR (one copy of the RoR notice if deilvered electronically).

Dan, curiously, why 2 copies of the CLoD?

Typo on my part.

Perhaps this is particular to your state? Here, we do not have the spouse sign any security instrument just because he/she happens to be married to the owner on the title.

The property is located in a community property state. See newyork's post #2068253.

I am ignorant. How does one search for a post #?

Scroll back through the thread looking for the post #, it's next to the posting time.

This is newyork's post.

we are in a community property state. so wife will have to sign the deed of trust. But do we have to give a copy of the closing disclosure to the non borrowing spouse. Not sign it, but give them also a copy of the closing disclosure? we understood we must.

To my knowledge New York State, if that is where "newyork" is actually located, is not a community property state, it is an equitable distribution state.

Community property vs. equitable distribution

In a community property state, property acquired during the marriage is considered to be jointly owned by the spouses and is divided equally upon divorce. New York, however, is an equitable distribution state. Equitable distribution seeks to divide marital property in a manner that is fair, but is not necessarily equal. Prenuptial and postnuptial agreements may also affect property division.

Thank you for your help.

"newyork" isn't located in the Empire State, but is located in a community property state. A non-borrowing spouse may have rescission rights under state law that he or she would not have under Reg Z.

Oh...Dan....didn't realize you meant this post. Duh.

Newyork was saying that because the borrower is in a community property state, the spouse will have to sign the deed of trust. I guess I was assuming that the spouse was not an owner. Now that I look back, Newyork really never said that.....only said the spouse was a non-borrower...........not a non-owner.

If the non-borrower spouse is an owner, the fact that the state is a community property state, is not the reason the spouse must sign the deed of trust. The spouse would have to sign the deed of trust because he/she is an owner. If the spouse isn't an owner, then no signature required....unless New York community property law is different than Texas law.

There's more than just the eleven community property states that have to have spousal sign off on mortgages.
Take Iowa which is a dower state. There the spouse must sign the mortgage whether they're on title or not.
Bottom line, when it comes to required signatures, check the laws for the state the property is in.
You can also check with the title company that is doing the title insurance for the property. They're often run by an attorney who will know the specific requirements.

Would the 3-day wait also be required for the non-borrowing spouse (that has a right to cancel)?

If you're referring to the 3-day period between delivery of the CloD and closing, yes. The parties with rescission rights are entitled to the timing requirements for deliivery of the CloD.

Yes, that's what I was referring to. I also thought they would be entitled to the waiting period, but I've heard some differing opinions.

Whereabouts in my State Statutes would I be able to look into whether a non-borrowing spouse would be required to sign a CD?

If you would give us a hint as to which State you are referring too, it might help.

Thank you. We are in Kansas.