We have a HELOC for $225,000 that closed on 11/28. The purpose of the HELOC was to refinance another open-end credit with our bank that originally had business purpose. The customer was given a right of rescission forms at closing, however the funds to pay off the outstanding balance of $91,500 on the previous obligation were advanced as of 11/28. I am not sure that the ROR applied because the customer will continue using the line for business purposes. But since we did give out a ROR, we should have not advance $91,500, Correct?

There is no refinancing exemption found in the right of rescission section within open-end credit like there is in the closed-end section. You have a violation.

Thanks, rlcarey.