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?
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.
#2011072 - 04/29/1507:17 PMRe: Right of Recession on Purchase/Refinance Web
Rocky P
Power Poster
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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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.)