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#2010932 - 04/29/15 02:34 PM Right of Recession on Purchase/Refinance
Web Offline
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Joined: May 2005
Posts: 316
We have a loan for a mobile home (title only, no mortgage on land) purchase and we are also refinancing a vehicle loan and taking the title to that vehicle too. Does Right of Recession apply on the refinance portion of this loan? Our system isn't generating it and I think no bc it isn't a mortgage secured refinance. Is that correct?

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#2010944 - 04/29/15 03:02 PM Re: Right of Recession on Purchase/Refinance Web
David Dickinson Offline
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David Dickinson
Joined: Nov 2000
Posts: 18,765
Central City, NE
You say you are purchasing the MH. This would a "residential mortgage transaction" which is exempt from the RofR.

If you were refinancing the MH (non-purchase) and adding money for a vehicle ( or anything), that would trigger the RofR - assuming the MH is their primary dwelling.
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#2011072 - 04/29/15 07:17 PM Re: Right of Recession on Purchase/Refinance Web
Rocky P Online
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Joined: Jun 2003
Posts: 7,668
Florida
Originally Posted By Web
Our system isn't generating it and I think no bc it isn't a mortgage secured refinance. Is that correct?


Like David said -
Not per reg.
" In a credit transaction in which a security interest is or will be retained or acquired in a consumer's principal dwelling, . .."

Nothing is said about mortgage.
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#2012110 - 05/05/15 04:37 PM Re: Right of Recession on Purchase/Refinance Web
cashmueli Offline
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cashmueli
Joined: Jan 2015
Posts: 19
Kentucky
Correct me if I'm wrong here.

Let's say the same scenario was accomplished using 2 loans.

First loan used to purchase the mobile home and would not be rescindable as it is a purchase.

Second loan is used to purchase the vehicle and is secured by a title on the mobile home. Right of recission would apply for this second loan, even though there is no mortgage held on the land. There is still a security interest in the customer's principal dwelling (title lien.)
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#2012201 - 05/05/15 07:09 PM Re: Right of Recession on Purchase/Refinance Web
Rocky P Online
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Joined: Jun 2003
Posts: 7,668
Florida
First, agree

Second agree - it is a credit transaction in which a security interest will be acquired in a consumer's principal dwelling, . .."
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