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#1207354 - 06/24/09 09:23 PM Right to Cancel form
OldSchoolBanker Offline
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Joined: May 2005
Posts: 662
FL
Our correspondent lender just suspended a loan from funding indicating the Right to Cancel form does not have the property address on it. This is strange as we have used the same RTC form for the past three years and this has never been an issue.

Our RTC form has the Borrower name, loan number, appropriate date information and all required language from the regulation. I have checked the Model Form from Reg Z and it does not have a requirement for the address nor does the correspondent lender's own selling guide. Their guide is silent on this item.

Has anyone else run into this issue before? Am I missing somewhere in Reg Z where it is required?

Thanks for your feedback.
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#1207442 - 06/25/09 01:36 AM Re: Right to Cancel form OldSchoolBanker
Truffle Royale Offline

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Posts: 17,400
Just 'cause you got a suspense notice doesn't mean the investor's right. Tell them there is no Reg requirement for the address and they should check the last six loans they bought from you already. Sometimes you just have to poke the varmits back into their cages.

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#1207477 - 06/25/09 11:53 AM Re: Right to Cancel form Truffle Royale
Rocky P Offline
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Joined: Jun 2003
Posts: 7,659
Florida
While agree with Truffle there is no reg requirement, in correspondent lending you have to play by the golden rule - "they who have the gold make the rules".

I had dealt with Indymac for their idiotic interpretations of the regulations for many years, finally figured I wasn't going to convince them to re-write thir policy. Look to see if the address requirement is in their documentational requirements. If not talk to them.

A lot of times, they have quirky requiremens because they got burned in a lawsuit and came up with a rule to prevent it from ever happening again (or at least until the next lawsuit they lose.)
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#1207500 - 06/25/09 12:45 PM Re: Right to Cancel form Truffle Royale
M Cockrell Offline
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M Cockrell
Joined: Jan 2003
Posts: 1,049
Dallas, TX
Originally Posted By: Truffle Royale
Sometimes you just have to poke the varmits back into their cages.

Love that statement! May I quote you? grin
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#1207585 - 06/25/09 01:48 PM Re: Right to Cancel form M Cockrell
Truffle Royale Offline

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M, certainly! smile

Southern Banker, I agree with you. However, the original post stated that the requirement was not in the investor's selling guide so there's no basis for the suspense notice even by their own guidelines. Probably just some over zealous intake specialist trying to throw their weight around. That's why I said to poke 'em. wink

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#1207783 - 06/25/09 04:03 PM Re: Right to Cancel form Truffle Royale
swiggles Offline
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swiggles
Joined: Aug 2001
Posts: 7,351
Or point out that since the loan number is on the ROR, it ties the ROR form to the loan which is secured by property located at........hmmmmm......the property address of the loan collateral! A six-year old could make that connection. Yes, it was probably some frivolous lawsuit where the borrower argued that they thought the ROR applied to some other property....yeah, right.
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#1213702 - 07/07/09 07:59 PM Re: Right to Cancel form Truffle Royale
TattChica Offline
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TattChica
Joined: Oct 2007
Posts: 151
Va Beach, VA
Originally Posted By: Truffle Royale
M, certainly! smile

Southern Banker, I agree with you. However, the original post stated that the requirement was not in the investor's selling guide so there's no basis for the suspense notice even by their own guidelines. Probably just some over zealous intake specialist trying to throw their weight around. That's why I said to poke 'em. wink



or a newbie following "the checklist"
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