E-Delivery of RESPA and TILA Disclosures to Multiple Applicants – NMP Skip to main content

E-Delivery of RESPA and TILA Disclosures to Multiple Applicants

Feb 10, 2014

Question: We are a lender that initially attempts to e-mail disclosures to our loan applicants. Our e-delivery system requires the applicant to consent to e-delivery before the disclosures can be opened. If the applicant responds “yes,” the disclosures are opened. If there are co-applicants and we receive consent to e-delivery from one applicant, but not the second, is that sufficient for compliance with disclosure requirements under the Real Estate Settlement Procedures Act (RESPA) and the Truth-in-Lending Act (TILA)?

Answer: With respect to TILA disclosures, generally, when there are multiple applicants, the disclosures may be made to any applicant “who is primarily liable on the obligation”. [12 CFR 1026.17(d)] However, when there is a right to rescind (such as a refinance), the disclosures “shall be made to each consumer who has the right to rescind”. [12 CFR 1026.17(d)]

So, if the transaction is a refinance, all applicants must consent to the e-delivery in order for the lender to be in compliance. With respect to RESPA disclosures, the answer is not as clear cut. Regulation X, the implementing regulation of RESPA, simply states that “the lender must provide the applicant with a GFE”. [12 CFR 1024.7(a)] The term “applicant” is not defined.

Thus, the conservative approach is to give the GFE to each applicant, which under your delivery system, will require each applicant to consent to e-delivery before opening the documents. Additionally, although not part of your initial questions, note that with respect to notifications under ECOA and Regulation B, in the case of multiple applicants, notifications only need to be given to one applicant, but “must be given to the primary applicant where one is readily apparent”. [12 CFR 1002.9(f)]


Joyce Pollison is director of legal and regulatory compliance for Lenders Compliance Group. She may be reached by phone at (516) 442-3456.  

About the author
Published
Feb 10, 2014
MISMO Updates Business Glossary To Support AI, eMortgages

New definitions covering eHELOCs, remote online notarization, valuation modernization, and compliance initiatives aim to improve consistency

Underwriters Don’t Slow Down Loans. They Eliminate Uncertainty.

ndustry’s biggest bottleneck is not underwriting itself — it is the uncertainty that reaches underwriting too late in the process. When validation happens upstream, speed follows naturally.

MISMO Launches AI Governance Framework For Mortgage Lenders

New FRAME toolkit gives lenders, servicers, and technology providers a roadmap for managing AI risk while supporting innovation

CFPB Tells Lenders Immigration Status Can Factor Into ATR Analysis

CFPB frames immigration status as a potential ability-to-repay factor when future U.S.-based income is at risk

UAD 3.6 Deadline Nears; First American Earns Verification

First American's ACI Sky Workbench gains verification ahead of the Nov. 2 implementation date for the GSEs' updated appraisal reporting requirements

MISMO Introduces New Loan Boarding Standard

Wrapper Files support standardized data transfers between origination and servicing systems, with potential savings of $60 to $160 per loan