Skip to content
BOL Conferences
Thread Options
#993125 - 07/11/08 12:17 PM Does ROR apply here?
CO Officer Offline
100 Club
Joined: Feb 2003
Posts: 202
USA
A mother and son own a home together. The son is refinancing the home, and some of the funds will be used to pay the mother for her share in the home (she is signing quick-claim deed).

Would the portion of the loan going towards the payment to the mother be subject to rescission?

Return to Top
Lending Compliance
#993207 - 07/11/08 01:22 PM Re: Does ROR apply here? CO Officer
biz Offline
Diamond Poster
Joined: Nov 2005
Posts: 1,032
Midwest
This is out of one of my manuals

The right of rescission shall apply in a refinancing to the extent that the new amount financed exceeds the unpaid principal balance and any unearned, unpaid finance charge on existing debt, and the amount is attributable solely to the cost of the refinancing or consolidation.

Return to Top
#993288 - 07/11/08 01:49 PM Re: Does ROR apply here? biz
ktac MITCH Offline
Diamond Poster
ktac MITCH
Joined: May 2005
Posts: 1,813
Giant side of TX
To say what Biz posted in another way.
ROR is intended to apply when someone is putting their home at a greater risk than before = more money (or same money but going to a different lender)
So in your situation, I am assuming your new loan will
1. pay off the old one
2. have additional money for paying the mom / purchase her 1/2
and therefore, yes ROR is applicable.
_________________________
My opinions are just that, and might be worth what you paid for them.

Return to Top
#993293 - 07/11/08 01:53 PM Re: Does ROR apply here? ktac MITCH
CO Officer Offline
100 Club
Joined: Feb 2003
Posts: 202
USA
Does rescission only apply to the son since mom will no longer own the home?

Return to Top
#993315 - 07/11/08 02:04 PM Re: Does ROR apply here? CO Officer
RR Joker Offline
10K Club
RR Joker
Joined: Nov 2002
Posts: 20,656
The Swamp
yes
_________________________
My opinion only. Not legal advice.

Say you'll haunt me - Stone Sour

Return to Top

Moderator:  Andy_Z