NO More Closing Disclosures?

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Closing Disclosures (CDs) & Settlement Statements — Are We Shifting Too Far?

As our industry continues evolving into RON, hybrid, and eSign environments, I’ve noticed a growing trend that I’d love input on from fellow Loan Signing Agents.

More frequently, signing packages are being delivered without the Closing Disclosure or Settlement Statement included.

Now, I completely understand that under TRID Rule, borrowers are required to receive and review their Closing Disclosure at least 3 business days prior to closing. That responsibility clearly falls on the lender/title—not the notary.

Also, under Texas law, our role as notaries is limited to:

  • Verifying identity

  • Witnessing signatures

  • Completing notarial acts

We are not authorized to explain or interpret loan documents, and I fully respect that boundary.

That said…

Many of us were trained through programs like Loan Signing System, Notary2Pro, and similar platforms where a best practice was to present the Closing Disclosure at the beginning of the signing—NOT to explain it—but to confirm borrower awareness and alignment before proceeding.

With that document now often removed from the signing table, I’m noticing:

  • Less visibility for the borrower at the point of execution

  • More reliance on prior digital acknowledgment

  • A faster process—but potentially less engagement

So my question to the community is:

:backhand_index_pointing_right: Are you comfortable proceeding with signings when the CD/Settlement Statement is not included in the package?
:backhand_index_pointing_right: Are you verifying in any way that the borrower has already reviewed it?
:backhand_index_pointing_right: Or are you shifting your business model (e.g., working more direct with title/attorneys) to maintain a certain standard?

I’m not suggesting anything is being done incorrectly from a compliance standpoint—clearly, regulations like the Dodd-Frank Act and TRID have strengthened the process significantly since 2008.

However, I do believe there is a difference between:
:check_mark: Regulatory compliance
and
:check_mark: Borrower clarity at the table

For those of us trained in earlier systems, this shift feels significant.

Curious to hear how others are navigating this change while staying within legal boundaries and maintaining professionalism.

I will stop accepting order from Signing Services that omit the CD and Settlement Statement.

Let’s discuss.

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I did a little research and this summarizes my findings:

Title companies are not doing away with Closing Disclosures (CD). The CD is a federally mandated document under the Consumer Financial Protection Bureau (CFPB) that must be provided to borrowers at least three business days before closing. While some title companies use additional forms, such as an ALTA Settlement Statement to clarify local title fees, they do not replace the mandatory CD.

  • Mandatory Requirement: Lenders (not title companies) are legally responsible for issuing the 5-page CD 3 days before closing.

  • ALTA Statement usage: Title companies often provide an ALTA Settlement Statement to itemize costs, but it acts as a complement to the CD, not a replacement.

  • Why confusion exists: The TILA-RESPA Integrated Disclosures (TRID) rule, implemented in 2015, created new procedures that sometimes cause confusion over which party sends which document.

I am unfamiliar with RON as it pertains to this issue and I don’t know what Texas requires, but in Califnuttia where I live, CDs must be in the package and signed for in the traditional manner. Hope this shed some light.

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Bobby, I appreciate you sharing this—your breakdown of the TRID Rule is absolutely correct.

The CD isn’t going away—it’s federally required through the Consumer Financial Protection Bureau.

What I’m seeing, though, is that it’s being removed from the final signing package under the assumption it was already reviewed and e-signed.

That assumption is where things are breaking down.

In my last two signings, the borrowers had not completed their e-sign prior to my arrival. I was assisting them with login and navigation, and the signing stretched to nearly two hours because they weren’t cleared on their end.

Even more concerning—initial documents weren’t signed, which raises a valid question:
:backhand_index_pointing_right: If those weren’t completed, how can we confirm the CD was actually reviewed?

Legally, I understand our role is limited.

But from a process standpoint, removing the CD from the table eliminates that final point of borrower awareness—and when communication upstream isn’t tight, it shows up at the signing.

That’s where my concern lives.

Curious how others are verifying completion before walking into these appointments.

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I haven’t seen absence of CD. I’ve never pulled it to the top of any signing. I keep paperwork in the order it was received as this is often specified in instructions.

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How many closings have you seen the CD NOT in the loan packet? Also, have you asked your hiring party about this, and if so, what did they say?

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Yes, same here—I keep my packages in order from start to finish. My trusty tabs are doing the Lord’s work keeping everything right where it belongs.

I also bring the Patriot Act and Signature Affidavits to the front… and ideally, the Closing Disclosure follows right behind. That setup creates a smooth, confident start for the signer.

From there, I stay in my lane, maintain compliance, and let excellence take over—typically wrapping a clean, efficient signing in about 30 minutes.

When the prep is right, the process is easy. When it’s not… well, that’s when things get “creative.” :grinning_face_with_smiling_eyes:

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Great question—and it ties directly to what I shared earlier.

For me, it’s been Five signings total, all from the same signing service/lender.

In both cases, I reached out multiple times about the missing CD and was assured everything had already been completed. However, when I arrived, the borrowers had not finished their e-sign portion, and I ended up there for nearly two hours while they worked through documents just to proceed.

So I wasn’t upset—but I was definitely paying attention to the breakdown in communication.

That experience is exactly why I lean toward working direct with title—clear communication, prepared borrowers, and a smooth process.

I don’t explain or interpret—I simply confirm awareness and ask:
:backhand_index_pointing_right: “Do you fully understand what you are signing?”

When that piece is incomplete, it’s a concern.

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Did you call your hiring company at the signing table about the e-sign portion on both occasions? What type of closings were they, curious?

Also, if you were not informed about helping the signers with the e-sign, that’s an issue for me. The LO or TA should have done over that part with the signers, three days before the closing. I would’ve suggested they call the title company after the closing. It sort of falls under the NOT in our job description unless you’re hired specifically for this, you know. If they (hiring company) doesn’t mention assisting the signers with that particular pita, this during the initial phone call, I don’t do it, cause that imho, is extra money - two hours worth! :slight_smile:

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My experience is likewise. I always keep the paperwork in the order received and I’ve yet to see a package missing the CD. But, I’m in California and they shoot notaries here if they make too many errors.

(Not really, you silly newbies).

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California born and raised — and for context, I had to be a Payroll Director in Orange County to live well. This? This is my early retirement career… and I still take it just as seriously.

Now that I’m in Texas, the expectation is simple: be sharp, be efficient, and return a clean file. That’s not new — that’s standard. Documents stay in order so title can scan and account for every page. I don’t follow instructions blindly — I understand the process well enough to execute it properly.

But let’s get to the point — the Closing Disclosure.

From what I’m gathering, this company prefers not to include it in the package, which limits visibility of the final numbers at the table.

That doesn’t align with how I conduct signings.

So respectfully… I’ll pass..

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How do you know a signing service has omitted anything when you accept usually long before documents are posted?

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Certain closings do not require the CD. Business closings only need the ALTA and, if I remember correctly, neither do reverse mortgages. You are correct about the 3 day rule for the CD. Companies can get into legal trouble if they don’t fulfill that step.

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Removing it from the package is definitely a breakdown. Not everyone reviews or understands it. I recently had a signer who was required to bring a significant amount to close. A less sophisticated home owner who really did not understand. The sales man sold him some goods without explanation. Of course, the signing stopped. I was sent back a few days later. The figures were not changed. I left fairly quickly. It was a big package 4 copies total with almost a reem printed. The lender was mad because I did not sell it. I have yet to be paid 3 months later.

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I do not, honestly, step out of my lane. If it’s not in there I bring it up but it is not on me to influence the transaction in any way. I am a neutral party and stay that way. I’ve seen things missing, the title company says it’s coming, signers say ok, I press forward. It’s not on me to make judgement on what should and should not be done in a process that my task is to ensure the proper person:

*Is who they say the are

*Provided of person

*Was willing and of sound mind to perform the transaction

*Ensure all paperwork provided was executed properly

Anything else is a liability that can get you sued. If it is found that you gave opinions or influenced a transaction to fall through, you become liable for your actions and can be sued for misleading in any way.

Changes come and go but we have our mandates and task in the process. 3 day rule may be the 3 day rule but do you think that hasn’t been bent? I had signers say that it wasn’t provided until an hour before signing, essentially the same time I got the paperwork. If they are fine with terms it’s not my place to question what the companies do. If I refuse to do the work, they will replace me with someone who will and won’t use me again.