Are we compliant in this situation?
If we take a telephone application for a mortgage and the applicant requests the initial disclosures eletronically, we will generate all required initial disclosures through our doc prep company. The doc prep company sends an email to the applicant with all required ESign disclosures, etc. and a link to the initial documents. This is done within the 3-day timing requirement. If the link is not accessed within a certain amount of time, the doc prep company will then physically mail the disclosures to the applicant. Are we out of compliance for the 3-day timing since the documents were never accessed by the applicant? I know that our ESign disclosures, etc are correct and we show demonstrable consent, but if the applicant never retrieves the documents do we have any problems? We have tracking histories showing the early disclosures were prepared and sent within the initial 3 days.
Any advice would be greatly appreciated. Thanks!