Q: What should be done if the information required to be disclosed does not fit in the space allotted on the Closing Disclosure form?
A: In some cases, additional information that does not fit in a particular section of the Closing Disclosure may be disclosed on a separate page with the Closing Disclosure. However, one must look to the particular subsection in § 1026.38 to determine if the TILA-RESPA Rule permits or requires the information to be provided in an additional pages (i.e., an addendum).
There is no required form for an addendum. Additionally, the information that is included on the addendum will depend on the requirements for the original disclosure of that information on the Closing Disclosure. For example, if a creditor or settlement agent is using an additional page to list several other sellers that could not fit onto the first page of the Closing Disclosure, the name and address of the sellers that would not fit would be included on an addendum with the label, “Sellers.”
The creditor or settlement agent may want to include information or statements to indicate that the addendum or additional pages relate to the Closing Disclosure so that the additional pages are clear and conspicuous to the consumer. (§ 1026.17(a)(1))
Generally, information that is required or permitted to be disclosed on a separate page with the Closing Disclosure should be formatted similarly to the Closing Disclosure itself. The additional pages should not affect the substance, clarity, or meaningful sequence of the Closing Disclosure. (Comment 38(t)(5)-5)