Would there be anything that prevents the appraisal notice from being included on the application form itself? Timing is "not later than 3 days..." so if it is provided at the time of application, it seems like that would work. Any thoughts?

Does the customer retain a copy of the application (i.e.disclosure)?

Skittle's question pertains to the following requirement from 1002.4:

(d) Form of disclosures. (1) General rule. A creditor that provides in writing any disclosures or information required by this part must provide the disclosures in a clear and conspicuous manner and, except for the disclosures required by §§1002.5 and 1002.13,in a form the applicant may retain.

That's a good question, Skittles, which brings up some more questions.

If it is sent electronically via a program such as Docusign is that considered a form the applicant may retain? Does that change if it is not a consumer transaction subject to the E-Sign demonstrable consent requirements?

They "may" retain it by printing it.

they "may" also retain it in electronic form.

If the disclosure is on the application, such as an online application where they can print and retain the application/disclosures, and the loan is initially not to be secured by RE but then changes down the road to RE secured, do we need to provide the notice again under 1002.14(a)(2)?

Since it has to be delivered in writing and there is no carve out for electronic delivery outside of an E-Sign compliant system, it would depend if your application process was E-Sign compliant and you actually delivered a copy of the application to the applicant after the application was completed.

Thank you. We are specifically looking at commercial applications, which does not require demonstrable consent I believe, and we do say to contact your lender if you want paper copies, so I think we are set. It was just that requirement about sending the disclosure 3 days after determining it will be secured by RE in 1002.14(a)(2) made me question if we needed to provide the disclosure again.

and we do say to contact your lender if you want paper copies,

That is not delivering a copy in writing.