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#2055871 - 12/28/15 09:02 PM Post close CD Correction for Clerical errors only
liventhedream Offline
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Posts: 193
Can a post close CD correct issues on prior CDs? For example the date and time stamp was left off the prior CDs, can that be corrected after closing with a post closing CD? Or can post closing CDs only be used for clerical errors?

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TRID - TILA/RESPA Integrated Disclosures Rule
#2055878 - 12/28/15 09:19 PM Re: Post close CD Correction for Clerical errors only liventhedream
rlcarey Offline
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rlcarey
Joined: Jul 2001
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Galveston, TX
What date and time stamp??
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#2055886 - 12/28/15 09:28 PM Re: Post close CD Correction for Clerical errors only liventhedream
liventhedream Offline
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Posts: 193
I am sorry the time zone and time stamp on the LE.

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#2055888 - 12/28/15 09:31 PM Re: Post close CD Correction for Clerical errors only liventhedream
John Burnett Offline
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John Burnett
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Cape Cod
You can't do anything about errors in the time zone and time disclosed on the top of the first page of the Loan Estimate. The provision of section 1026.38(f) allowing for correction of clerical errors only affects errors on the CloD.
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#2055889 - 12/28/15 09:33 PM Re: Post close CD Correction for Clerical errors only liventhedream
rlcarey Offline
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rlcarey
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Galveston, TX
OK - are we talking LEs or CDs and which specific time zone and time stamp are you referring to? Do you mean when the estimated closing costs expire??
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#2055908 - 12/28/15 10:14 PM Re: Post close CD Correction for Clerical errors only liventhedream
liventhedream Offline
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Joined: Mar 2006
Posts: 193
OK Thanks, under provision of section 1026.38(f) can a clerical error that occurred on the 1st CD that was not corrected on the 2nd CD ( both pre-closing be corrected) be corrected with a post-closing CD?

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#2055928 - 12/29/15 12:49 PM Re: Post close CD Correction for Clerical errors only liventhedream
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,368
Galveston, TX
Yes

19(f)(2)(iv) Changes due to clerical errors.

1. Requirements. Section 1026.19(f)(2)(iv) requires the creditor to deliver or place in the mail corrected disclosures if the disclosures provided pursuant to § 1026.19(f)(1)(i) contain nonnumeric clerical errors. An error is considered clerical if it does not affect a numerical disclosure and does not affect requirements imposed by § 1026.19(e) or (f). For example, if the disclosure identifies the incorrect settlement service provider as the recipient of a payment, then § 1026.19(f)(2)(iv) requires the creditor to deliver or place in the mail corrected disclosures reflecting the corrected non-numeric disclosure no later than 60 days after consummation. However, if, for example, the disclosure lists the wrong property address, which affects the delivery requirement imposed by § 1026.19(e) or (f), the error would not be considered clerical.
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#2055973 - 12/29/15 03:04 PM Re: Post close CD Correction for Clerical errors only rlcarey
Bville Offline
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Bville
Joined: May 2001
Posts: 1,282
Out West
So, if we included the wrong property address, we have an error, but it's not clerical, it's not a change in the amount paid by the borrower and it doesn't require a refund. Are we required to send a correction? I feel like I'm missing something.

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#2055980 - 12/29/15 03:14 PM Re: Post close CD Correction for Clerical errors only liventhedream
Truffle Royale Offline

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Posts: 17,400
I'm sure I'll be corrected if I'm wrong but it doesn't matter if the error isn't considered clerical of not.
Clerical vs numeric requiring a refund are like degrees of errors, imho.
You still need to send a corrected CD regardless.
Check the Small Entity Guide starting on page 70.

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#2055983 - 12/29/15 03:21 PM Re: Post close CD Correction for Clerical errors only liventhedream
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
The difference is that you cannot "cure" the error of disclosing the wrong property address, even with the corrected CloD. It's a violation, and it won't go away. In the case of listing the wrong settlement service provider but the correct amount for a closing cost, the provider name error is a violation that can be cured with a timely corrective CloD.
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BankersOnline.com
Fighting for Compliance since 1976
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