No, you are not required to send the borrower a revised CD if an event occurs after consummation resulting in a changed amount only paid by the seller.

Under Regulation Z, if an event in connection with the settlement of a transaction occurs during the thirty-day period following consummation that causes the CD “to become inaccurate, and such inaccuracy results in a change to the amount actually paid by the consumer” the creditor must deliver a corrected CD. However, there is no requirement to deliver a corrected CD when only the seller’s fees have changed, and Regulation Z’s Official Interpretations confirm that if there is a change to an amount that “will be paid by the seller rather than the consumer . . . the creditor is not required to provide a corrected disclosure.”

For resources related to our guidance, please see:

• Regulation Z, 12 CFR 1026.19(f)(2)(iii) (“Changes due to events occurring after consummation. If during the 30-day period following consummation, an event in connection with the settlement of the transaction occurs that causes the disclosures required under paragraph (f)(1)(i) of this section to become inaccurate, and such inaccuracy results in a change to an amount actually paid by the consumer from that amount disclosed under paragraph (f)(1)(i) of this section, the creditor shall deliver or place in the mail corrected disclosures not later than 30 days after receiving information sufficient to establish that such event has occurred.”)

• Regulation Z, Official Interpretations, Paragraph 19(f)(2)(iii), Comment 1 (“Under § 1026.19(f)(2)(iii), if during the 30-day period following consummation, an event in connection with the settlement of the transaction occurs that causes the disclosures to become inaccurate, and such inaccuracy results in a change to an amount actually paid by the consumer from that amount disclosed under § 1026.19(f)(1)(i), the creditor shall deliver or place in the mail corrected disclosures not later than 30 days after receiving information sufficient to establish that such event has occurred. The following examples illustrate this requirement. (See also comment 19(e)(4)(i)-1 for further guidance on when sufficient information has been received to establish an event has occurred.) . . . (iii) Assume consummation occurs on a Monday and the security instrument is recorded on Tuesday, the day after consummation. During the recording process on Tuesday the settlement agent and the creditor discover that the property is subject to an unpaid $500 nuisance abatement assessment, which was not disclosed pursuant to § 1026.19(f)(1)(i), and learns that pursuant to an agreement with the seller, the $500 assessment will be paid by the seller rather than the consumer. Because the $500 assessment does not result in a change to an amount actually paid by the consumer, the creditor is not required to provide a corrected disclosure pursuant to § 1026.19(f)(2)(iii).”)