Are TIL disclosures required to be provided to the guarantor of a trust with a loan by that trust?

Please explain who the parties are to this loan.

Is the trust the borrower or the lender?

The trust is the borrower? Does the guarantor of the trust need to receive TIL disclosures?

I'll make another assumption here -- that by "guarantor" you mean "grantor." But that doesn't really change my answer. Borrowing from what I've learned from BOL Guru Lucy Griffin, I'll start by saying there are two schools of thought here.

The strict contructionist view is that the loan is to a trust, and a trust is not a natural person. Therefore, TIL doesn't apply at all. Lucy tells me that the majority of Fed staffers working with Reg. Z hold this opinion.

The more liberal view is concerned that regardless of Fed staffs' opinions, liberal courts have been known to construe particularly consumer protection law liberally in favor of consumers. Accordingly, those in this camp advise looking to the beneficiary of the trust, and determining applicability of TIL based on their status as natural persons (or not).

Particularly in Massachusetts, which has its own TIL law and left-of-center courts and legislature, it's probably a preferred course to disclose. It costs a heck of lot less than spending money to find a conservative court venue and defend a position from plaintiff's counsel.

And if you meant "guarantor" in your question, I believe that a guarantor is entitled to whatever disclosures you make so as to understand the obligation he or she is guaranteeing.

Thank you.