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#1612773 - 10/05/11 05:11 PM Consequence of Right of Rescission violation?
SouthernBanker Offline
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Joined: Aug 2011
Posts: 105
Hi -
If a loan file shows that funds were disbursed prior to the rescission period expiring, what are the consquences of this? Is the loan subject to a 3 yr rescission period like when a disclosure is not given? FYI, proper disclosures were given - funds were just issued early, which Reg Z prohibits.

Where in the Reg can I find information on consequences / violations, etc?
Thanks.

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#1612813 - 10/05/11 06:01 PM Re: Consequence of Right of Rescission violation? SouthernBanker
Sound Tactic Offline
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Sound Tactic
Joined: Feb 2005
Posts: 5,349
The consequences are that if anytime during the penalty period, the borrower decides to rescind, then you have to give them their money back. This is usually done because the borrower has to forclose or is in bankruptcy. So, they are happy to give you the house (and have sometimes trashed it) and you give them their money.

Then there are possible Reg. Z penalties.
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#1612836 - 10/05/11 06:21 PM Re: Consequence of Right of Rescission violation? Sound Tactic
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
Quote:
Is the loan subject to a 3 yr rescission period like when a disclosure is not given?


IMO yes. By disbursing the funds early you inappropriately waived their rescission rights.
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The opinions expressed are mine and they are not to be taken as legal advice.

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