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#2273691 - 08/02/22 06:45 PM RoR and proof of separate CloD's to borrowers
FSLICBanker Offline
Joined: Apr 2008
Posts: 91
North Carolina
The Commentary to 1026.17(d) refers to situations where there are multiple parties (e.g. husband and wife) as borrowers on a TRID loan subject to rescission. The Commentary states that final disclosures, aka CloD, "must be given separately to each consumer who has a right to rescind".

Should the situation ever arise, I'm trying to determine how best to convince an auditor or examiner that both the husband and the wife received separate copies of the CloD We normally receive one copy back from the closing attorney with both signatures in the Confirm Receipt section with no documentation in file to show that each rescindable borrower in fact received their own CloD.

My thanks in advance.

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#2273694 - 08/02/22 06:57 PM Re: RoR and proof of separate CloD's to borrowers FSLICBanker
rlcarey Online
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Joined: Jul 2001
Posts: 79,637
Galveston, TX
What do your written closing instructions say to your closing agent to which they attest to executing? To deliver a separate copy - correct?

Oh - and it is not just the "final" closing disclosure.
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#2273719 - 08/03/22 02:46 PM Re: RoR and proof of separate CloD's to borrowers FSLICBanker
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 39,697
Cape Cod
So, FSLICBanker, when you provide the closing disclosure that the borrower is supposed to receive three business days before consummation on a rescindable mortgage loan to co-borrowers who are co-owners of the property, how do you show that you provide each borrower a copy of the closing disclosure and two copies (one, if provided electronically) of the notice of right to cancel? Do you have a verified procedure for doing so, or do you rely on an acknowledgment of receipt from the consumers?

This is the closing disclosure that matters for all TRID loans, because there is not always a regulatory requirement for another one (the "final" closing disclosure) at closing.
John S. Burnett
Fighting for Compliance since 1976
Bankers' Threads User #8

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