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That's Why There's RMail.
Use RMail for proof of delivery of “TRID” initial or revised Loan Estimates and Closing Disclosures; and to satisfy the “mailbox rule”.
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Registered Receipt: The Gold Standard
for E-Delivery Proof
RMail brings ResWare users Compliance
and Accountability to email communications
“We saw an obvious benefit to being able to send encrypted messages within ResWare, using RMail. We were impressed with the simplicity of the user experience with RMail; with the all-in-one aspect of the RMail solution providing an elegant experience and economical approach.”
George T. Holler, Esq. of Holler Law Firm
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In the legal opinion of Richard Horn Legal PLLC dated March 28, 2017 entitled, “RPost Registered E-mail Service and Evidence of Compliance with TRID Disclosure Requirements,” Richard Horn concludes that the Registered Receipt email satisfies TRID delivery requirements with regards to proof of delivery of Loan Estimate (LE) and Closing Disclosure (CD) disclosures. Some excerpts follow:
“The TRID rule permits electronic delivery of the LE and CD, including delivery by e-mail, provided the creditor complies with the E-Sign Act. The [RPost Registered Email™ Service, the “Service”] Service’s Registered Receipt e-mail can satisfy the record retention requirements with respect to the TRID disclosures provided.
The Registered Receipt e-mail has the capability to authenticate and accurately reproduce the original e-mail and attachments, including any attached disclosures, which satisfies the E-Sign Act’s retention and accurate reproduction requirements.
And the Registered Receipt e-mail, because it can be provided to third parties and used to authenticate the content and attachments to the e-mail, may be retained by creditors to enable access to parties entitled to access to the records for the period required by law, which satisfies the E-Sign Act’s access requirements.
Thus, the Registered Receipt e-mail should generally enable creditors to satisfy the record retention requirements under the TRID rule with respect to the disclosures.
In addition, it is reasonable to conclude that the [RMail] POD timestamp provides evidence of the date that the disclosures were delivered for purposes of the TRID rule.”
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