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#1132171 - 02/18/09 10:01 PM Does right of rescission apply?
Compliance Lover Offline
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Posts: 555
We have a customer applying for a line of credit and the collateral will be a home they recently purchased that is not their primary residence. There is no outstanding mortgage on the property. Does the right of rescission apply?

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#1132204 - 02/18/09 10:36 PM Re: Does right of rescission apply? Compliance Lover
Jan94 Offline
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Joined: Mar 2001
Posts: 828
USA
For a consumer loan, the answer would be no. See Reg Z section 226.15(a). The key is that it has to be a principal dwelling. Also look at the commentary 226.15(a)(1) paragraphs 5 and 6.

a) Consumer's right to rescind. (1)(i) Except as provided in paragraph (a)(1)(ii) of this section, in a credit plan in which a security interest is or will be retained or acquired in a consumer's principal dwelling, each consumer whose ownership interest is or will be subject to the security interest shall have the right to rescind: each credit extension made under the plan; the plan when the plan is opened; a security interest when added or increased to secure an existing plan; and the increase when a credit limit on the plan is increased.

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#1132208 - 02/18/09 10:47 PM Re: Does right of rescission apply? Jan94
Compliance Lover Offline
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Joined: Aug 2008
Posts: 555
Ok, that's what I thought. Thank you very much.

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