Skip to content
BOL Conferences
Thread Options
#2070140 - 03/21/16 01:18 PM E Sign Disclosure
yankee07 Offline
New Poster
Joined: Aug 2010
Posts: 23
If you have a borrower and a co-borrower and the primary borrower e-consented for electronic disclosurers in the 3 day timeframe but the co-borrwer did not consent in that time frame, is this a voilation if the disclosures were not sent to the co-borrower by mail? Can you assist in where I can find the regulatory requirements for this. Help is appreciated.

Return to Top
Lending Compliance
#2070208 - 03/21/16 04:57 PM Re: E Sign Disclosure yankee07
yankee07 Offline
New Poster
Joined: Aug 2010
Posts: 23
Still looking for help on this matter.. Thanks All

Return to Top
#2070211 - 03/21/16 05:08 PM Re: E Sign Disclosure yankee07
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
is this a voilation if the disclosures were not sent to the co-borrower by mail?

7001(c) requires the consumer to consent and if the co-borrower/consumer did not consent then you have to provide them with the required written disclosures. If you do not then you would be in violation of the specific disclosure requirement you are referring to if the co-borrower/consumer is entitled to a copy of that disclosure.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

Return to Top
#2070218 - 03/21/16 05:25 PM Re: E Sign Disclosure Dan Persfull
yankee07 Offline
New Poster
Joined: Aug 2010
Posts: 23
Thank you Dan that confirms my thoughts on this, Appreciate your help

Return to Top
#2070325 - 03/22/16 03:39 AM Re: E Sign Disclosure yankee07
Richard Insley Offline
10K Club
Richard Insley
Joined: Oct 2000
Posts: 10,180
Toano, VA
Originally Posted By yankee07
is this a voilation if the disclosures were not sent to the co-borrower by mail?...where I can find the regulatory requirements for this.
The regulatory requirements that matter most are the specific sections of Regs. B & Z, RESPA, flood, and any other applicable reg that require you to deliver one or more disclosures "in writing." That's where you are exposed to penalties. ESIGN is part of the total picture, but it has no penalties.
_________________________
...gone fishing.

Return to Top

Moderator:  Andy_Z