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#1053603 - 09/30/08 02:36 PM ROR
Warner Offline
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Joined: Jun 2008
Posts: 6
Is Saturday considered as a Rescission Day when my bank in Texas is not fully operational on that day?

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Lending Compliance
#1053613 - 09/30/08 02:38 PM Re: ROR Warner
Dan Persfull Offline
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Dan Persfull
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Posts: 47,532
Bloomington, IN
Yes. See Reg. Z 226.2(a)(6).
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The opinions expressed are mine and they are not to be taken as legal advice.

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#1053630 - 09/30/08 02:43 PM Re: ROR Warner
Janet Munns Offline
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Janet Munns
Joined: Apr 2007
Posts: 163
Florida
Reg Z - Section 226.2(a)(6) "Business Day" means a day on which the creditor's offices are open to thepublic for carrying on substantially all of its business functions. However, for purposes of rescission under sections 226.15 and 226.23, and for purposes of section 226.31, the term means all calendar days except Sundays and the legal public holidays.

The way I remember it is any day that mail is delivered is a business day for purposes of rescission.
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Janet Munns, CRCM
Florida

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#1053643 - 09/30/08 02:52 PM Re: ROR Janet Munns
Dan Persfull Offline
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Dan Persfull
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Posts: 47,532
Bloomington, IN
Quote:
The way I remember it is any day that mail is delivered is a business day for purposes of rescission.


That is a rule of thumb but is not always accurate.

July 4th falls on a Sunday, the post office and your financial institution closes on Monday July 5th to observe the holiday. For the ROR Monday July 5th is still a rescission day even though there is no mail delivered and you are closed.

http://www.bankersonline.com/tools/compliance/rescissioncal.html
Last edited by Dan Persfull; 09/30/08 02:56 PM.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#1053654 - 09/30/08 02:57 PM Re: ROR Dan Persfull
Janet Munns Offline
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Janet Munns
Joined: Apr 2007
Posts: 163
Florida
Dan, Wouldn't Monday then be considered a legal public holiday and therefore not be a rescission day?
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Janet Munns, CRCM
Florida

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#1053658 - 09/30/08 03:02 PM Re: ROR Janet Munns
Skittles Offline
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Skittles
Joined: Sep 2002
Posts: 13,965
TN
No because the regulation specifically states '4th of July' and not Independence Day.
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#1053661 - 09/30/08 03:03 PM Re: ROR Janet Munns
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
No. See 5 U.S.C. 6103(a), the holidays that are designated by a specific date are holidays only on that specific date for the purposes of rescission.

http://www4.law.cornell.edu/uscode/5/6103.html
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#1053665 - 09/30/08 03:05 PM Re: ROR Dan Persfull
Janet Munns Offline
100 Club
Janet Munns
Joined: Apr 2007
Posts: 163
Florida
Well, you learn something new everyday! Thanks.
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Janet Munns, CRCM
Florida

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