Property in Estate with loan to deceased outstanding.
Special Administrators (son and daughter) will QCD property to son at closing when he pays off the existing mortgage.
Is this a purchase or a refinance for TRID?

FNMA is saying refinance so would CD reflect that?

Not a refinance - TRID say refinance if the credit will be used to refinance an existing obligation, as defined in § 1026.20(a). 20(a) says A refinancing occurs when an existing obligation that was subject to this subpart is satisfied and replaced by a new obligation undertaken by the same consumer.

It is not the same consumer's obligation being replaced. I don't think it is a purchase, because they already own the house if they were left it in the will or granted the property through probate regardless of whether the QCD has been executed.

Home Equity is probably your best option.

were left it in the will or granted the property through probate regardless of whether the QCD has been executed.

Randy, I think this is the problem. From talking about this in a different discussion, there doesn't appear to be a definitive 'left to' in the will, nor has it been probated.

I'm quite sure I'd have to wait on probate to happen in order to do anything with this type of request.

Then what is a "Special Administrator" and how is the son getting the property if he isn't already entitled to it? Or is he actually purchasing it from the estate? If that is the case it would be a purchase, because he is not paying off the existing lien. He is buying it from the estate who then is paying off the estate's current liability on the property.

Regardless, I can't switch forms midstream, can I? If the LE went out as a refi that's the way it has to stay, right?
And if FNMA is calling it a refi so to get past UCD it's going to have to stay a refi, right?
Or can I stay with the alternate CD and just switch to home equity on it?

I have changed purpose midstream when information changed to create it to change. System issues sometimes create a problem with changing the TYPE of form...that can be very challenging mid-stream. I do think I've done it though. And it wasn't easy.

Only the CD is covered in the UCD upload. What you have on the LE is not pertinent to the UCD. If you have an investor involved, then I would check with them. But two wrongs never make a right as they say. If you were wrong on the LE - don't be wrong on the CD. If there is no seller involved, you are not switching forms by changing the purpose. All TRID refinance and home equity loans for UCD purposes require the alternative form - regardless of what FNMA labels the product.