We are making a loan to an irrevocable trust (estate planning) and the bank's LOS will not use/show the name of the trust as borrower on the LE/CD. Instead, the name of the trustee is shown in her capacity on our documents. This doesn't match the trust agreement or the title company docs. Our provider tells us that that is a WK rule. For disclosure purposes, is the trust and trustee recognized as one in the same?

I do not believe so, but there is little guidance when dealing with 1026.3(a) - Comment 10. I just have never seen how an irrevocable trust really fits within that comment. An irrevocable trust becomes its own entity.

Randy, are you questioning whether the loan to the trust is subject to TRID? The original trust was a living trust and the grantor/trustee passed away recently. The new irrevocable trust is purchasing a home for the surviving spouse. I looked at this as being consumer purpose. Do you agree?

IMHO - The grantor is dead, it is no longer during the grantor's lifetime in this situation.

During their lifetimes, however, such consumers may continue to use the assets and/or income of such trusts as their property. A creditor extending credit to finance the acquisition of, for example, a consumer's dwelling that is held in such a trust, or to refinance existing debt secured by such a dwelling, may prepare the note, security instrument, and similar loan documents for execution by a trustee, rather than the beneficiaries of the trust.

I'm in Randy's court on this. The loan is to the trust and the trust is an entity, not a consumer. I think you have good reason to treat this as exempt from Regulation Z under 1026.3(a)(2) (extension of credit to other than a natural person).

Don't forget to require the trust to get its own EIN.