I was asked by our lending team today with many individuals working from home not having access to printers and not getting out and about to the post office if we could email the initial flood notification. I know the reg says we have to keep proof of delivery or receipt through USPS mail but what is everyone's thoughts given the current situation? If we comply with esign and get confirmation of receipt from the borrower with a return email do you think that would suffice?

Thank you!

Don't confuse e-mail with Esign. Do you have software for Esign purposes?

Let's look at what the regulations required:
§339.9(c) required the notice to be delivered to the borrower(s) within a “reasonable time” before the completion of the loan.

You can do that by various means. I don't believe the Flood rules discuss e-sign compliance. You must simply be able to demonstrate delivery.

The bank shall retain a record of receipt of the notice by the borrower and servicer for the period of time the bank owns the loan. \ [§339.9(d)]
This can be satisfied by them signing the notice at closing. There is no timing to this requirement.

As you said, "if you comply with esign" you can demonstrate delivery [339.9(c)]. If you get confirmation of receipt and retain it, I believe you satisfy 339.9(d).

[quote=David Dickinson] This can be satisfied by them signing the notice at closing. There is no timing to this requirement. [quote]

Just an FYI - I have seen a lot of banks criticized for this without other proof of delivery prior to closing.