A covered non-timeshare mortgage will consummate Thursday, March 12. No legal public holiday or valid emergency waiver applies. What is the latest day the consumer may receive the initial Closing Disclosure and still satisfy the ordinary three-business-day waiting requirement?
Correct Answer
B) Monday 9 March, three business days before consummation
B. Receipt by Monday, March 9 satisfies the ordinary deadline. After Monday receipt, Tuesday, Wednesday and Thursday are the three counted business days. The rule concerns receipt, not merely dispatch on Monday. Scope and exceptions: For this requirement, Saturdays count and Sundays and specified legal public holidays do not; office opening hours are irrelevant. Non-personal delivery has a receipt presumption unless earlier receipt is evidenced. Count delivery and waiting separately. Source: Section 1026.19(f)(1)(ii)–(iii); comments 19(f)(1)(ii)-1 and -2 — https://www.consumerfinance.gov/rules-policy/regulations/1026/19/
Why This Is the Correct Answer
B. Receipt by Monday, March 9 satisfies the ordinary deadline. After Monday receipt, Tuesday, Wednesday and Thursday are the three counted business days. The rule concerns receipt, not merely dispatch on Monday. Scope and exceptions: For this requirement, Saturdays count and Sundays and specified legal public holidays do not; office opening hours are irrelevant. Non-personal delivery has a receipt presumption unless earlier receipt is evidenced. Count delivery and waiting separately.
Why the Other Options Are Wrong
Option A: Tuesday 10 March, two business days before consummation
Tuesday receipt leaves only two counted days through Thursday.
Option C: Wednesday 11 March, the day before consummation
Wednesday receipt leaves only one counted day.
Option D: Thursday 5 March, seven business days before consummation
Thursday, March 5 is earlier than the latest required receipt date; seven days is not this CD interval.
Exam Tip
Distinguish the date sent from the date received before counting the waiting period.
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