Regarding the right of the borrower to waive his or her right to a copy of the appraisal three business day prior to closing [1002.14(a)(1)], I don’t see where a disclosure of this waiver is required nor in writing. Do you think it’s necessary or furnish the waiver in a separate document if we intend to advise of the borrower’s waiver rights via email and receive the waiver in a return email to us?

From the commentary to Regulation B:

6. Waiver. Section 1002.14(a)(1) permits the applicant to waive the timing requirement if the creditor provides the copies at or before consummation or account opening, except where otherwise prohibited by law. Except where otherwise prohibited by law, an applicant's waiver is effective under § 1002.14(a)(1) in either of the following two situations:

i. if, no later than three business days prior to consummation or account opening, the applicant provides the creditor an affirmative oral or written statement waiving the timing requirement under this rule; or

ii. if, within three business days of consummation or account opening, the applicant provides the creditor an affirmative oral or written statement waiving the timing requirement under this rule and the waiver pertains solely to the applicant's receipt of a copy of an appraisal or other written valuation that contains only clerical changes from a previous version of the appraisal or other written valuation provided to the applicant three or more business days prior to consummation or account opening. For purpose of this second type of waiver, revisions will only be considered to be clerical in nature if they have no impact on the estimated value, and have no impact on the calculation or methodology used to derive the estimate. In addition, under § 1002.14(a)(1) the applicant still must receive the copy of the revision at or prior to consummation or account opening.

Adam,
Do you think providing "an oral or written statement" precludes a statement electronically via email?

If they can just tell you orally and you can write it down somewhere - I have no idea why an e-mail from the customer would not be sufficient documentation of a waiver.

Thank you Adam and Randy.

I agree with Randy that if an oral statement is acceptable under the rule, an email from the customer should be fine. The key, of course, is having sufficient documentation.