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#2221967 - 09/20/19 02:07 PM Signing of the Initial Application and Disclosures
Comply Offline
Junior Member
Joined: Jul 2015
Posts: 33
I am looking for additional guidance on the timeframe of signature of the Initial Application and Initial Disclosures acknowledged/signed by the applicants. I am referring to the Initial Loan Application and the Borrower's Authorization Form.

Our applicants can opt thru E-Sign to obtain their disclosures electronically. However, currently, we do not offer the availability to sign the documents electronically.

What are the timing requirements of obtaining their signature and consent on these initial documents?

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TRID - TILA/RESPA Integrated Disclosures Rule
#2221968 - 09/20/19 02:11 PM Re: Signing of the Initial Application and Disclosures Comply
Truffle Royale Offline

10K Club
Joined: Jul 2003
Posts: 17,400
There are no regulatory signature or timing requirements for these documents.
Any requirements you have are part of your bank's policy and procedures OR are investor requirements.

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#2221971 - 09/20/19 02:19 PM Re: Signing of the Initial Application and Disclosures Comply
Comply Offline
Junior Member
Joined: Jul 2015
Posts: 33
Thanks Truffle Royale for the quick response!! Much appreciated.

Are there "best practices" you would recommend?

In some cases, I am finding these initials are signed at closing.

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#2221973 - 09/20/19 02:27 PM Re: Signing of the Initial Application and Disclosures Comply
Truffle Royale Offline

10K Club
Joined: Jul 2003
Posts: 17,400
It's really up to you to determine how you want this handled. We sell all our loans so we get signatures on the applicatoins because investors require it. In the cases of apps taken any way but face to face, we often get signatures at closing because that's the first time the borrowers are in the office. If you want signatures for an investor, be careful with dating signatures because that will often cause kick-backs.

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#2222078 - 09/23/19 02:25 PM Re: Signing of the Initial Application and Disclosures Comply
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,533
Bloomington, IN
Are there "best practices" you would recommend?

My recommendation is to never require signatures where they are not investor, legally or regulatorily required.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#2226152 - 11/22/19 04:27 AM Re: Signing of the Initial Application and Disclosures Comply
Hawk Offline
Member
Joined: Jan 2019
Posts: 56
As a wholesale lender we dont even require the borrowers to sign the initial 1003, only the LO. The borrower's cert and auth, we allow it to be signed with any date. Before or after.

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