I'm auditing TRID. There are cases where the only CD in file has a Date Issued date that is less than 3 days prior to Closing Date, and sometimes the same date as the Closing Date. However, the manual loan checklists often note that the CD was hand delivered or mailed on a certain date that does meet the 3 or 6 day requirement. Our loan processors state that they sometimes make minor changes after original delivery of the CD. They only retain final CD in the loan file and our loan software only retains the last version.

My question: Should they be retaining a copy of each version of the CD, to prove that there were no changes that required additional 3 day waiting period? Or is it sufficient if the loan file has it noted that the original CD was delivered 3 days prior to closing.

You have to keep them all:

1029.25(c) Records related to certain requirements for mortgage loans.

(1) Records related to requirements for loans secured by real property. (i) General rule. Except as provided under paragraph (c)(1)(ii) of this section, a creditor shall retain evidence of compliance with the requirements of § 1026.19(e) and (f) for three years after the later of the date of consummation, the date disclosures are required to be made, or the date the action is required to be taken.

(ii) Closing disclosures. (A) A creditor shall retain each completed disclosure required under § 1026.19(f)(1)(i) or (f)(4)(i), and all documents related to such disclosures, for five years after consummation, notwithstanding paragraph (ii)(B) of this section.