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Client Delivery CD Set

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CLIENT DELIVERY CD SET

RECITALS

WHEREAS, Client Name: (the "Client") has prepared or compiled a set of compact discs and associated media containing master recordings, data, artwork and related materials; and

WHEREAS, Vendor Name: (the "Vendor") is engaged to receive, catalogue, store, and/or process such media in accordance with the terms of this Agreement; and

WHEREAS, the parties desire to set forth the terms governing delivery, acceptance, custody, payment and confidentiality for the delivered CD set.

SCOPE OF WORK

DELIVERY & ACCEPTANCE

Delivery Date:     Delivery Location:

Number of discs:     Format:

Acceptance Testing Period (days):     If Client provides written notice of rejection within the acceptance period identifying non-conformities, Vendor shall use commercially reasonable efforts to correct defects at Vendor's expense. Absent timely notice, the delivery shall be deemed accepted.

PAYMENT TERMS

Late Fee:     All amounts due are payable in U.S. dollars unless otherwise agreed in writing. Client is responsible for any taxes or duties assessed in connection with services.

TERM AND TERMINATION

Term Commencement Date:     Term Expiration Date:

Either party may terminate for material breach if such breach remains uncured thirty (30) days after written notice. Upon termination, Vendor will return any original media in Vendor's possession and Client will pay Vendor for all work performed through the effective date of termination.

CONFIDENTIALITY

Each party acknowledges that the media, master recordings, metadata and any non-public information disclosed under this Agreement constitute Confidential Information. The receiving party shall: (a) hold such Confidential Information in strict confidence; (b) not disclose it to any third party except to employees, contractors or agents on a need-to-know basis who are bound by confidentiality obligations at least as protective as those hereunder; and (c) use the Confidential Information only to perform its obligations under this Agreement.

Notwithstanding the foregoing, Confidential Information does not include information that is or becomes generally available to the public other than through a breach of this Agreement, or information lawfully obtained from a third party without restriction. Obligations under this confidentiality provision survive termination or expiration for a period of three (3) years, except that trade secrets shall be protected for as long as they qualify as trade secrets under applicable law.

RISK OF LOSS; STORAGE

Unless otherwise agreed in writing, risk of loss or damage to the media remains with the delivering party until Vendor acknowledges physical receipt. Upon Vendor's receipt and written acknowledgement, risk of loss transfers to Vendor while in Vendor's custody. Vendor shall maintain reasonable, industry-standard physical and environmental controls for storage of media and shall maintain commercially reasonable backup procedures when performing processing services.

WARRANTIES; LIMITATION OF LIABILITY

Vendor warrants that services will be performed in a professional manner consistent with industry standards. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND LIABILITY SHALL BE LIMITED to the fees paid for the services giving rise to the claim.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles. The parties submit to the exclusive jurisdiction of the state and federal courts located within that State for disputes arising out of this Agreement.

ENTIRE AGREEMENT

This Agreement, including any attachments and written purchase orders explicitly incorporated by reference, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. Any amendment or waiver must be in writing and signed by authorized representatives of both parties.

ADDITIONAL PROVISIONS

Original masters included     Backups included     Artwork / inserts included

Client Name:

By:

Date:

Vendor Name:

By:

Date:

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What the Client Delivery CD Set Is

The Client Delivery CD Set is the package of documents and disclosures provided to a borrower or client at or before a real estate or mortgage closing to show final loan terms, closing costs, and settlement figures. It typically centers on the Closing Disclosure (CD) required under TRID for consumer mortgage transactions and includes supporting exhibits, payoff statements, and any client-facing instructions. The set documents final financial obligations, identifies party responsibilities at consummation, and creates a permanent record used by lenders, title agents, and clients for post-closing reconciliation.

Why the Client Delivery CD Set Matters

A complete CD set ensures regulatory compliance, clear client communication, and an auditable record of final loan terms. Proper delivery protects parties from last-minute disputes and supports post-closing accounting and servicing.

Why the Client Delivery CD Set Matters

Who Prepares and Receives the CD Set

Typical preparers and recipients help determine content and delivery method.

  • Lenders and loan processors: Prepare the Closing Disclosure and fee breakdown for signature and delivery.
  • Title companies and settlement agents: Produce settlement statements, payoffs, and closing instructions.
  • Borrowers and buyers: Receive the CD set for review prior to consummation.

Coordination among these stakeholders reduces errors and ensures the client receives required federally mandated disclosures before closing.

Core Components of a Professional Client Delivery CD Set

A well-assembled CD set includes the primary Closing Disclosure plus supporting documents and a clear delivery log to verify timing and receipt.

Closing Disclosure

Final itemization of loan terms, APR, finance charges, closing costs, and cash-to-close details provided to the borrower.

Settlement Statement

Title or HUD-1 equivalent showing seller and buyer distributions, prorations, and escrow adjustments where applicable.

Payoff Statements

Lien payoff amounts and instructions for disbursing funds at closing, including payoff dates for accuracy.

Seller Documents

Required seller forms, payoff authorizations, and deed preparation paperwork, when applicable.

Delivery Log

Record of delivery method, timestamp, recipient acknowledgment, and any e-signature audit trail entries.

Instructions & Notices

Client-facing cover letter, wire instructions, and required consumer disclosures (e.g., funding and rescission notices).

Step-by-Step: Prepare and Deliver a Client CD Set

Follow these sequential tasks to assemble, verify, and deliver the Client Delivery CD Set with minimized rework.

  • 01
    Gather Documents: Collect loan terms, title charges, payoff letters, and seller statements.
  • 02
    Populate CD: Complete Closing Disclosure fields and reconcile totals against title and lender figures.
  • 03
    Verify & Validate: Check arithmetic, dates, and names; run address and tax ID verifications where needed.
  • 04
    Deliver & Record: Send the CD set using the chosen delivery method and retain proof of delivery and audit trail.

Configuring an Online Delivery Workflow

When using an e-delivery platform, configure fields, authentication, and retention settings before sending the package.

Field Configuration
Signature Fields Place required signature, initial, and date fields for each signer.
Authentication Choose email, SMS code, or knowledge-based authentication as appropriate.
Audit Trail Enable full audit logs capturing IP, timestamp, and action history.
Retention Set document retention to meet regulatory and company policy requirements.

Where to Send and How Delivery Is Confirmed

Determine the final recipients and a primary delivery method, then capture proof of receipt and signature.

  • Primary Recipient: Send to borrower(s) for review and signature prior to consummation.
  • Title/Settlement Agent: Provide a copy to the closing agent to coordinate disbursements and recording.
  • Lender/Servicer: File final CD in loan file and servicing records for audit and compliance.
  • Delivery Record: Store delivery timestamp, method, and signed copies in the transaction record.

Digital Delivery and eSignature Requirements

Use an eSignature platform that supports secure delivery, an auditable trail, and required authentication.

  • Supported Formats: PDF and DOCX are standard for CD sets.
  • Authentication Options: Email link, SMS code, or stronger KBA/ID verification when required.
  • Compliance Features: Audit trail, TLS encryption, and optional HIPAA or BAA support if handling PHI.

Confirm platform export and retention capabilities to preserve signed PDFs, audit logs, and any required recording of consent for electronic delivery.

Timing Rules and Deadlines to Observe

Several statutory and regulatory timelines affect when the CD set must be delivered and when closing can occur.

TRID Waiting Period:

Three business days between consumer receipt of the Closing Disclosure and consummation for most closed-end mortgages.

Document Corrections:

Corrections to the CD may restart the waiting period depending on the nature of the change.

Electronic Delivery Consent:

Obtain consumer consent to electronic records in accordance with ESIGN before e-delivery.

Funding Cutoffs:

Confirm lender and title company funding times to align wire instructions and disbursement.

Record Retention:

Retain final signed CD per company and regulatory retention schedules (see retention timeline).

Key Milestones in a CD Delivery Workflow

Track the primary milestones from final calculation to funded transaction to ensure compliance and minimize delays.

01

Final Calculation

Finalize fees and totals once payoffs and title charges are confirmed.

02

CD Issuance

Issue the Closing Disclosure to the borrower and other required parties.

03

Waiting Period

Allow the three-business-day review period before consummation when applicable.

04

Consummation & Funding

Execute signatures, wire funds, and record instruments as scheduled.

Common Errors to Avoid When Assembling a CD Set

  • Mismatched names or addresses across documents that require reissuing or cause title delays.
  • Late or inaccurate payoff figures that change cash-to-close and may require CD revisions.
  • Failure to obtain electronic consent before e-delivery, undermining enforceability of electronic acknowledgment.
  • Missing audit trail entries or delivery receipts that impede compliance reviews and audits.

Consequences of Incorrect or Late Delivery

Regulatory Penalties: Civil penalties and supervisory actions for TRID violations and inaccurate disclosures.
Funding Delays: Delayed disbursement and increased settlement costs if corrections are required.
Contractual Disputes: Buyer or seller claims based on unexpected fees or incorrect terms leading to escrow claims.
Reissuance Costs: Administrative and legal expenses for reprinting, re-sending, and tracking corrected sets.
Reputational Risk: Loss of client trust and referral opportunities from repeated errors.
Tax Reporting Impact: Incorrect figures may affect year-end reporting and cause reconciliation headaches.

Required Information and Security Elements

Borrower Details: Full name, contact, and taxpayer identification as applicable.
Loan Identifiers: Loan number, account identifiers, and file references for servicing.
Monetary Totals: Loan amount, closing costs, prepaids, escrows, and cash-to-close figures.
Delivery Audit: Timestamped delivery records and proof of receipt or consent.
Encryption: TLS 1.2/1.3 in transit and AES-256 at rest for stored files.
Certification: Retention of an immutable audit trail showing signer attribution and action timestamps.

Supporting Documents and Export Options

Ensure the CD set contains required attachments and that digital copies are exported in preservation-friendly formats.

Supporting Documents

Include payoffs, title commitments, homeowner insurance declarations, and wire instructions where applicable.

PDF Export

Export final signed set as PDF/A or flattened PDF to preserve appearance and signatures.

Native Files

Retain editable originals (DOCX or source files) internally to support post-closing audits and corrections.

Audit Archive

Store the signed PDF plus a complete audit trail (timestamps, IP, authentication method) for compliance and e-discovery.

How to Update or Revise a Delivered CD Set

If changes are needed after issuance, follow a controlled revision process to avoid restart of regulatory waiting periods where possible.

01

Identify Change:

Determine whether the change is clerical or material to loan terms.
02

Assess Impact:

If the change affects APR or loan costs, prepare an updated CD and note waiting period implications.
03

Issue Correction:

Send corrected CD with clear change summary and capture consent or acknowledgement.
04

Record Revision:

Retain both original and corrected versions with delivery logs.
05

Notify Parties:

Inform borrower, title, and lender promptly about the revision and any action required.
06

Audit Trail:

Ensure the platform records who made changes and when, preserving a full edit history.

Who Can Sign the CD Set

Borrower

The borrower or co-borrowers must sign where the Closing Disclosure or related loan documents require borrower acknowledgment. Signatures must be attributable and consented-to in electronic workflows under ESIGN/UETA standards.

Authorized Agent

A legally authorized representative with a valid power of attorney may sign if the POA grants closing authority; retain the executed POA and any state-required notarization.

Illustrative Scenarios for Client Delivery CD Sets

Two practical examples show how CD sets are used and managed in common closing situations.

Residential Purchase Closing

Lender prepares a Closing Disclosure reflecting updated payoff figures

  • Final payoff arrived two days before closing
  • The title company delayed funding for two hours while verifying payoff; the corrected CD was retained with a delivery log for audit.

Refinance with Seller Payoff

Refinance closing bundled payoff and prepayment penalty details into the CD

  • Borrower consented to e-delivery and signed electronically
  • The lender preserved the signed PDF and audit trail and noted the date for servicing transfer.

eSignature Vendor Pricing and Feature Snapshot for CD Delivery

Compare basic starting price and core capabilities for commonly used eSignature vendors; signNow is listed first per data standards.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions and Troubleshooting

Answers to common operational and compliance questions about preparing and delivering Client Delivery CD Sets.


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