The error on the initial LE can't be "fixed," because the wrong rate was disclosed. That is a Reg Z violation.
I agree that if the consumer and lender subsequently enter into a rate lock agreement and a revised LE is timely issued with the new rate, points, APR, payments, prepaid interest, etc. -- all related to the rate lock -- the new rate, points, etc., become the basis for the loan for tolerance purposes under 1026.19(e)(3) for those items. But it does not eliminate the fact that the first LE included disclosure violations.
That's different from revised closing disclosures under 1026.19(f)(2)(iii) (Changes due to events occurring after consummation) or 1026.19(f)(2)(iv) (Changes due to clerical errors), where inaccurate disclosures are correctible and no violation occurs if the revised disclosures are correct and timely.
_________________________
John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8