For a mortgage subject to the Loan Estimate rule, the creditor receives five of the six application items on June 2 and the final item, estimated property value, on Friday, June 6. Its offices are open to the public for substantially all business functions Monday through Friday only, with no intervening holiday. Was mailing the Loan Estimate on Tuesday, June 10 timely under the three-business-day application deadline?
Correct Answer
B) Yes: Tuesday, June 10 is before the Wednesday, June 11 deadline
B. Mailing on Tuesday is timely under the specified deadline. Receipt of the sixth application item on Friday triggers this clock. Monday, June 9 is day one; Tuesday, June 10 is day two; Wednesday, June 11 is day three. Scope and exceptions: This answers the application-based deadline only. The separate pre-consummation waiting rule still applies. Other laws may define an application differently; five items do not mean that no legal duties of any kind can arise. Source: Section 1026.2(a)(3)(ii), (a)(6) — https://www.consumerfinance.gov/rules-policy/regulations/1026/2/ Section 1026.19(e)(1)(iii)(A)–(B) — https://www.consumerfinance.gov/rules-policy/regulations/1026/19/
Why This Is the Correct Answer
B. Mailing on Tuesday is timely under the specified deadline. Receipt of the sixth application item on Friday triggers this clock. Monday, June 9 is day one; Tuesday, June 10 is day two; Wednesday, June 11 is day three. Scope and exceptions: This answers the application-based deadline only. The separate pre-consummation waiting rule still applies. Other laws may define an application differently; five items do not mean that no legal duties of any kind can arise.
Why the Other Options Are Wrong
Option A: Late: the loan estimate was due within 2 business days of 6 June
The deadline is three business days after receipt, not two.
Option C: Yes: no disclosure deadline applies until every underwriting document is submitted
Additional underwriting documents are not needed to trigger this disclosure duty.
Option D: Late: the clock started on 2 June when the first items arrived
The six-item application was not received on June 2.
Exam Tip
Identify the triggering receipt date, then count subsequent qualifying business days.
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