I have always used the date the borrower notifies the bank verbally that they wish to withdraw their request, or the date the borrower emails / submits the request to us in writing to us, as the date of withdrawal. I'm running into action taken date confusion when a borrower/Realtor/MLO sends us (back room staff) a Termination Agreement as the notification to withdraw.

Typically, the agreement is drawn on such and such date, electronically signed by the buyer on that date. The seller might not sign the agreement for several days, and it could be several more days before anyone at the bank actually receives it. I still want to use the date the bank receives that notification as the date of withdrawal, no matter what dates are on the Termination Agreement.

The Official Interpretation to the Reg doesn't seem to offer much clarity: "For applications withdrawn, the financial institution may report the date the express withdrawal was received or the date shown on the notification form in the case of a written withdrawal " What date? I'm looking at a termination agreement with 3 different dates on it. The date the form was drawn up, the date the buyer signed, the date the seller signed...all are different.

The rule states that you can chose which date to use, so make it easy on yourself and use the "date the express withdrawal was received" by your bank.

3. Action taken date—application withdrawn. For applications withdrawn, the financial institution may report the date the express withdrawal was received or the date shown on the notification form in the case of a written withdrawal.

Darn - are you referring to the withdrawal for the loan application - or the withdrawal from buying the home? I'm a little confused because you mention the buyer and the seller.