I know that a Closing Disclosure cannot use an Alternate Table for Transactions without a seller if the Loan Estimate doesn't use the it, but can a second Loan Estimate use the Alternate Table if the first one did not?

Common theory is no. Once you start, you are stuck with the initial version that was chosen.

I agree and thought I had read this requirement somewhere but I can't find it...do you know where in the regulation it states this?

Any thoughts on how to handle having to switch to meet the FNMA requirement re: UCD 9/25 date?

It is not currently a fatal error - just make the switch going forward.

Randy, do you know where I can find a regulatory citation regarding using the same form of the LE/CD throughout the transaction? I think I've seen this reference somewhere, but can't find it now.

Another question: If the loan purpose was originally a purchase and then changed to a refinance throughout the transaction (bridge loan first then property sold and new property bought outside of the loan transaction so now our loan purpose becomes a refinance), is it acceptable to consider the change in loan purpose a "changed circumstance" and issue a revised LE as if there were no seller (not consistent with the original LE with seller) and not violate any part of the regulation?

Section 1026.38(e) - "Alternative calculating cash to close table for transactions without a seller. For transactions that do not involve a seller and where the creditor disclosed the optional alternative table pursuant to § 1026.37(h)(2), the creditor shall disclose, instead of the table described in paragraph (i) of this section, in a separate table, ..."

Comment 38(e)-1:
"1. Required use. The disclosure of the table in § 1026.38(e) may only be provided by a creditor in a transaction without a seller. The use of this alternative calculating cash to close table for transactions without a seller is required for transactions in which the Loan Estimate provided to the consumer disclosed the optional alternative table pursuant to § 1026.37(h)(2), and must be used in conjunction with the alternative disclosure under § 1026.38(d)(2)."

On your other question, the borrower has made a change in the deal that wasn't contemplated when you issued the initial loan estimate. IMHO, if you can get a revised loan estimate out within three business days of learning of this "change in plans," you've solved the problem and you can now proceed with the "no seller" disclosure formats.

Got one in front of my now where the LE was done on the regular LE form but turns out it's a construction perm loan so should be refinance. I think the LO got confused between HMDA purpose (purchase) and TRID (refinance). That's a bank error not a valid CC. But the FNMA UCD 9/25 date will likely happen before this closes and we're a FNMA shop. Any thoughts on whether I should leave it and close on the regular CD or do a new LE on the alternate form now?

Like I said, it is not currently a fatal error for UCD - just make the transition going forward so that when it becomes so, you don't have to worry about it. There is no reason to panic about loans currently in the pipeline.

25. On non-seller (e.g., refinance) transactions, do the GSEs require the use of the “Alternate” form, Form H-25(E), published by the CFPB? (Refer to Federal Register vol. 78, No. 251 on p. 80187).

A. Both GSEs require use of form H-25(E) for all refinance transactions on the loans they acquire (refer to Federal Register website for additional details on this regulation). If a non-seller transaction is submitted on the “Model” form, the GSE collection systems will issue warning messages at the outset of the mandate and will not prevent a submission from being considered “successful.” However, the warnings may be changed to a hard stop at a later date. More information will be provided by the GSE regarding the timeframe for these hard stops.

https://www.fanniemae.com/content/faq/uniform-closing-dataset-faqs.pdf

Thanks, Randy. My research didn't include the Federal Register...my mistake.

Tagging onto this one. I'm reviewing a loan (home equity loan - customer owns property with no lien) and the first LE has the 'standard' table and the second one (locked rate) has the alternate table. I'm researching to see if this is allowed as I don't think it is. I'm trying to find this in the regulation, but am struggling.

Well, I am not sure that you are going to find any guidance about switching the form in the middle of the LE disclosure phase - I highly doubt that was ever contemplated. But there is specific guidance concerning the use of the alternative or standard form for both the LE and CD - you definitely can't switch then.

37(d)(2) Optional alternative table for transactions without a seller or for simultaneous subordinate financing.

1. Optional use. The optional alternative disclosure of the estimated cash to close provided for in § 1026.37(d)(2) may be used by a creditor only in a transaction without a seller or a simultaneous subordinate financing transaction. In a purchase transaction, the optional alternative disclosure may be used for the simultaneous subordinate financing Loan Estimate only if the first-lien Closing Disclosure will record the entirety of the seller's transaction. Creditors may only use this alternative estimated cash to close disclosure in conjunction with the alternative disclosure under § 1026.37(h)(2).