Weblinking and RESPA AfBA Disclosure

I read through the thread from December '01 about weblinking and RESPA and have a followup question.

A real estate broker that is affiliated with a mortgage brokerage company we control wants to install a link on its real estate web site to the mortgage broker site. To me this sure looks like a referral so the AfBA disclosure is required. RESPA, however, at section 3500.15 states, "The disclosures must be provided on a separate piece of paper no later than the time of each referral . . ."

RESPA's reference to a separate piece of paper seems to preclude being able to give the AfBA disclosure electronically "at the time of the referral."

Anyone have any experience with or thoughts about this?

Are you comfortable that this type of referral passes the all-important Section 8 test?

Richard - I have spent days going through the Section 8 tripwires and am comfortable up to this point that it passes. I just want to resolve whether an electronic delivery of the AfBA disclosure will work.

ESIGN allows you and the customer to agree to use e-delivery of all RESPA disclosures that must be "in writing." Just follow ESIGN's disclosure/opt-in scheme, check the content of the AfBA disclosure you are delivering, and you should be fine.