2 questions with regard to e-consent and TRID disclosures.

#1: Our LOS platform allows us to send E-Sign Act compliant disclosures. It also does not permit the applicant to access the early disclosures until e-consent is provided. Both the e-consent and applicant's signatures on the disclosures are date/time stamped. If the e-consent and early e-disclosures are sent simultaneously, is documentation showing that the consent was given prior to the disclosure being signed, even if only by a few minutes, sufficient to comply with the Regulation?
Example - E-consent shows date/time stamp of 01/01/23 @ 10:59 p.m.; disclosure signature shows date/time stamp of 01/01/23 @11:01 p.m.

#2: Our LOS platform allows us to send E-Sign Act compliant disclosures. It also does not permit the applicant to access the early disclosures until e-consent is provided. In instances where the e-consent and early e-disclosures are sent simultaneously and the applicant delays beyond 3 business-days after application date in giving their e-consent, does the "delivery" of the early disclosures occur outside TRID's 3 business-day requirement?
Example - E-consent and e-disclosures sent 01/01/23; e-consent and e-disclosures not signed until 01/15/23.

1) Yes. What's your concern here? They give demonstrable consent and then the docs are reviewed and signed. This is not uncommon.

2) Yes. If they haven't given you eConsent, then you haven't delivered the documents.

Auditor is fussing about not having consent in file before e-disclosures sent.

What consent in file - you mean some sort of paper-based consent? Any paper-based consent when you are talking E-Sign is irrelevant, it has to be in electronic form.

Request that they review the law:

(ii) consents electronically, or confirms his or her consent electronically, in a manner that reasonably demonstrates that the consumer can access information in the electronic form that will be used to provide the information that is the subject of the consent;

Procedurally your system requires consent prior to actual disclosure to the applicant, yes? That programmed procedure must suffice. In many ways E-SIGN is more secure and verifiable than sitting at the loan desk where I've heard, there was once a back-dated document signed. (I know, I know, not in your bank.)