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#2064832 - 02/18/16 06:02 PM CD: issue date vs customer signiture
mdog76 Offline
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I thought I had saw a discussion on this before but couldn't find it. What drives the "date" of the closing disclosure, the issue date or the date the customer signed it?

Sorry if this has been discussed already.
Last edited by mdog76; 02/18/16 06:03 PM.
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TRID - TILA/RESPA Integrated Disclosures Rule
#2064837 - 02/18/16 06:23 PM Re: CD: issue date vs customer signiture mdog76
Truffle Royale Offline

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I don't understand your question.
The Closing Disclosure calls for the following dates:
Date Issued - Date you prepared the CloD. We also deliver on this date.
Closing Date - the date of the closing
Disbursement Date (obviously this is only on Refinance CloDs)

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#2064843 - 02/18/16 06:40 PM Re: CD: issue date vs customer signiture mdog76
mdog76 Offline
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Here are the dates:

Date Issued: 02/01/2016
Closing Date: 02/05/2016
Disbursement Date: 02/05/2016

The customer signed the CD on 02/05/2016. Could an examiner question if they got the CD on 02/01/2016 or 02/05/2016 and whether we provided the CD three days prior to closing?

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#2064847 - 02/18/16 06:43 PM Re: CD: issue date vs customer signiture mdog76
Truffle Royale Offline

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There are no regulatory requirements for signatures on the CD.
Most investors require them to be signed at closing.
Some investors are also requiring signature to prove timely delivery prior to closing.
If you're not doing that ^ then it's up to you to document how and when the CloD was delivered.

As to whether an examiner could or would question something, your guess is as good as anyone's. crazy

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#2064894 - 02/18/16 08:29 PM Re: CD: issue date vs customer signiture mdog76
John Burnett Online
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As part of your process you document whether the CloD was delivered in person on 2/1 or otherwise delivered. If otherwise, you assume receipt three business days later (2/4), or you have documentation the customer received it 2/2 or earlier, which is the latest date for receipt if closing is 2/5. If you mailed it on 2/1, have no documentation it was received by 2/2, you're in hot water.
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#2064895 - 02/18/16 08:36 PM Re: CD: issue date vs customer signiture mdog76
mdog76 Offline
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That's kinda what I was afraid of.

Thank you all for the help

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#2065599 - 02/23/16 07:38 PM Re: CD: issue date vs customer signiture John Burnett
PCBDebbie, CRCM Offline
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How are you/others documenting receipt in the case when the CD is electronically delivered on a refinance transaction and both parties have the same email address?

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#2065604 - 02/23/16 07:46 PM Re: CD: issue date vs customer signiture mdog76
rlcarey Online
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I would be looking for a confirmation e-mail that they received the disclosures from each party.

I really think you are in a very grey area however.
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#2065618 - 02/23/16 08:29 PM Re: CD: issue date vs customer signiture mdog76
PCBDebbie, CRCM Offline
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I agree with you and we get confirmation when we have separate emails. Otherwise, if the parties share an email address they are getting one reply stating that the CD was received and reviewed by both parties.

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#2065627 - 02/23/16 09:08 PM Re: CD: issue date vs customer signiture mdog76
rlcarey Online
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The only problem that I have with that is your CD is a material disclosure for the right of rescission and I don't think a single e-mail is going to cut it. If they want electronic disclosures on a rescindable trnsaction I would be requiring two e-mails and separate E-Sign agreements and domonstrable consent from each party.
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#2068221 - 03/09/16 05:00 PM Re: CD: issue date vs customer signiture mdog76
Jenny Offline
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In a non-rescindable transaction with joint borrowers, does each borrower have to receive their own closing disclosure 3 days prior to closing? If so, would the 3 day timing begin when the final individual received their closing disclosure. We have a situation where only one borrower can come into the bank to receive in hand the CD. We would have to mail the joint borrower, in this case the wife, her closing disclosure. So my question is, would our closing date have to be the later of which in this case would the mail rule because she would not get hers at the same time?

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