No, Regulation Z does not require a non-borrowing spouse to sign a Closing Disclosure. In fact, Regulation Z does not require any signatures on the Closing Disclosure — obtaining signatures on the Closing Disclosure form is optional. In addition, because the non-borrowing spouse is not entitled to the right of rescission on a purchase transaction, Regulation Z does not require you to provide the non-borrowing spouse with a copy of the Closing Disclosure.

However, we note that some secondary market investors may require that you obtain the non-borrowing spouse’s signature on the Closing Disclosure. While Fannie Mae and Freddie Mac only recommend obtaining the borrower’s signature on the Closing Disclosure as a “best practice,” other secondary market investors may require a non-borrowing spouse’s signature.

For resources related to our guidance, please see:

• Regulation Z, 12 CFR 1026.38(s)(1) (“At the creditor’s option, under the heading ‘Confirm Receipt,’ a line for the signatures of the consumers in the transaction. . . .”)

• CFPB Guide to the Loan Estimate and Closing Disclosure Forms, page 95 (“The creditor, at its option, may include a line for the signatures of the consumers to Confirm Receipt. . . .”)

• Regulation Z, 12 CFR 1026.17(d) (“ . . . If there is more than one consumer, the disclosures may be made to any consumer who is primarily liable on the obligation. If the transaction is rescindable under § 1026.23, however, the disclosures shall be made to each consumer who has the right to rescind.”)

• Official Interpretations, Regulation Z, 12 CFR 1026, Paragraph 17(d), Comment 2 (“In transactions that are not rescindable, the disclosures required by § 1026.19(f) [the Closing Disclosure] may be provided to any consumer with primary liability on the obligation.”)

• Regulation Z, 12 CFR 1026.23(f), Right of rescission (“The right to rescind does not apply to . . . (1) A residential mortgage transaction.”)

• Regulation Z, 12 CFR 1026.2(a)(24), Definitions (“Residential mortgage transaction means a transaction in which a mortgage . . . is created or retained in the consumer’s principal dwelling to finance the acquisition or initial construction of that dwelling.”)

• Fannie Mae Selling Guide, A2-5.1-02, Individual Mortgage Loan Files (“Fannie Mae will not require that the borrower and seller (if applicable) sign the Closing Disclosure. Though these signatures are not required, lenders may obtain borrower and seller signatures, which Fannie Mae supports as a best practice.”)

• Freddie Mac, Bulletin 2015-10 (June 30, 2015), page 2 (“Freddie Mac will not require signed Settlement/Closing Disclosure Statements or additional forms on and after the TRID Rule Effective Date. However, Seller/Servicers may wish to consider collecting (or continuing to collect) signatures and/or forms given their potential evidentiary value, consistent with current widespread industry practices.”)