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TRID: Initial Documents if Adding Wife?

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Question: 
We are doing a TRID mortgage loan and the LE was sent a while ago. We now need to add his wife to loan. Do we need to have her receive all those initial documents we sent him? She did do an application.
Answer: 

We now need to add his wife to loan.

Hopefully you mean that the wife has approached the bank and requested to be a joint applicant on a voluntary basis. There is no guidance as to whether you need to give the wife a copy of the disclosures at this time. Delivery of the LE to any one of the primary applicants is all that is required. On rescindable transactions, all parties that have the right of rescission must receive all closing disclosures.

Official Interpretation

17(d) Multiple Creditors; Multiple Consumers

2. Multiple consumers. When two consumers are joint obligors with primary liability on an obligation, the disclosures may be given to either one of them. If one consumer is merely a surety or guarantor, the disclosures must be given to the principal debtor. In rescindable transactions, however, separate disclosures must be given to each consumer who has the right to rescind under § 1026.23, although the disclosures required under § 1026.19(b) need only be provided to the consumer who expresses an interest in a variable-rate loan program. When two consumers are joint obligors with primary liability on an obligation, the early disclosures required by § 1026.19(a), (e), or (g), as applicable, may be provided to any one of them. In rescindable transactions, the disclosures required by § 1026.19(f) must be given separately to each consumer who has the right to rescind under § 1026.23. In transactions that are not rescindable, the disclosures required by § 1026.19(f) may be provided to any consumer with primary liability on the obligation. See §§ 1026.2(a)(11), 1026.17(b), 1026.19(a), 1026.19(f), and 1026.23(b).

First published on 07/22/2018

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