Skip to content
BOL Conferences
Thread Options
#1112062 - 01/15/09 10:33 PM rescission
gunches Offline
100 Club
Joined: Dec 2005
Posts: 210
We are closing a loan today. Our bank is open on Monday, January 19th (Martin Luther King day). When is our rescission up. I'm having a brain dead day
Thank you

Return to Top
Lending Compliance
#1112065 - 01/15/09 10:38 PM Re: rescission gunches
Ray_ Offline
Platinum Poster
Joined: Aug 2006
Posts: 879
Dallas, TX
January 20.

Return to Top
#1112068 - 01/15/09 10:41 PM Re: rescission Ray_
gunches Offline
100 Club
Joined: Dec 2005
Posts: 210
So funds would be disbursed on the 21st or the 20th? Now that so many banks are open these holidays, does this go by days there is mail yet?

Return to Top
#1112073 - 01/15/09 10:45 PM Re: rescission gunches
Ray_ Offline
Platinum Poster
Joined: Aug 2006
Posts: 879
Dallas, TX
MLK Day is a designated holiday and can't be counted as a business day even if your bank is open.

http://www.bankersonline.com/compliance/guru2008/gurus_comp031708a.html

Return to Top
#1112080 - 01/15/09 10:56 PM Re: rescission Ray_
David Dickinson Offline
10K Club
David Dickinson
Joined: Nov 2000
Posts: 18,762
Central City, NE
If you close the loan on 1/15, the 16th is day 1, 17th = day 2 and 20th = day 3. You can advance on 1/21 at the earliest.
_________________________
David Dickinson
http://www.bankerscompliance.com

Return to Top
#1112188 - 01/16/09 12:48 PM Re: rescission David Dickinson
Skittles Online
10K Club
Skittles
Joined: Sep 2002
Posts: 13,965
TN
Like Ray stated, just because your bank is open does not make MLK day a day for rescission. This day is specifically spelled out in Regulation Z.
_________________________
My Opinions Only

Return to Top
#1112205 - 01/16/09 01:18 PM Re: rescission gunches
Richard Insley Offline
10K Club
Richard Insley
Joined: Oct 2000
Posts: 10,180
Toano, VA
Originally Posted By: gunches
does this go by days there is mail ?

That's a good rule of thumb, but the exact answer lies in the definition of "business day" [Sec. 226.2(a)(6)]:
(6) Business day means a day on which a creditor's offices are open to the public for carrying on substantially all of its business functions. However, for purposes of rescission under §§ 226.15 and 226.23, and for purposes of § 226.31, the term means all calendar days except Sundays and the legal public holidays specified in 5 U.S.C. 6103(a), such as New Year's Day, the birthday of Martin Luther King, Jr., Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

Notice that this definition is really 2 mutually-exclusive definitions in one. Only the second definition applies to ROR.
_________________________
...gone fishing.

Return to Top
#1112265 - 01/16/09 02:30 PM Re: rescission Richard Insley
RR Joker Offline
10K Club
RR Joker
Joined: Nov 2002
Posts: 20,656
The Swamp
Think about it this way as well...the mail will not run on the 19th, therefore right to cancel is stuck until the next day if excersized.
_________________________
My opinion only. Not legal advice.

Say you'll haunt me - Stone Sour

Return to Top
#1112329 - 01/16/09 03:31 PM Re: rescission RR Joker
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,530
Bloomington, IN
As Richard said relying on when the post office is open/closed is a good rule of thumb but it does not always hold true. There are 4 holidays designated by a specific date: New Year's Day, Independence Day, Veterans' Day and Christmas Day.

If any of these 4 holidays fall on a Sunday and the post office observes the holiday either on the preceding Saturday or the following Monday those days are still rescission days even though the post office is closed.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

Return to Top

Moderator:  Andy_Z