1026.19(e)(1)(iv) Receipt of early disclosures. If any disclosures required under paragraph (e)(1)(i) of this section are not provided to the consumer in person, the consumer is considered to have received the disclosures three business days after they are delivered or placed in the mail.

Assume application received 3/21 and early disclosures generated and sent regular mail. Borrower comes in office next day 3/22 and LO prints the early disclosures dated 3/21 and hands them to borrower, the borrower indicates intent to proceed and LO collects application fee 3/22. Since the early disclosures were mailed on the 21st the mail rule 'received' date would be 3/24 - can the 3/22 date the disclosures handed to borrower considered 'receipt' acceptable? Or must the LO wait for the third day in order to obtain borrower 'intent to proceed' and collect fee?

If you have proof of receipt earlier than the mailbox rule, you can use that date. In instances where we have had this happen, we prove receipt by having the borrower sign and date the LE and our intent to proceed is also a form that requires signature and date.

Thank you Debbie.