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#18252 - 05/21/02 08:17 AM Texas Rescission
Kathleen O. Blanchard Offline

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Kathleen O. Blanchard
Joined: Dec 2000
Posts: 21,277
Those of you in Texas - when complying with Reg Z AND the Texas rescission law, do you just provide the federal rescission notices or do you also provide state notices as well? The state law (at least what I saw) says provision of the federal notice to the homeowner AND spouse will satisfy the state requirement.

Do you go beyond and provide a state version as well? At my prior bank, which did business in Texas frequently, we only provided federal.
Kathleen O. Blanchard, CRCM "Kaybee"
HMDA/CRA Training/Consulting/Mapping
The HMDA Academy

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#18253 - 05/21/02 03:59 PM Re: Texas Rescission
PatriciaC Offline
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Joined: Oct 2001
Posts: 192
Lewisville, Texas, US
We provide only the federal, as it is more "consumer-protective" UNLESS the loan falls outside of Reg. Z. Now that we can offer a home equity loan for business purposes, such working capital, you will occasionally have a loan that falls outside of Reg. Z. That is when we give the state version of the rescission form. In my former life as a compliance auditor for TIB, I found that some banks thought incorrectly that those forms are interchangeable. They very definitely are not as the Reg. Z form includes providing a copy of the TIL disclosure within the triggers to the rescission period. It also states that the consumer has rights under federal law. I know that some attorneys have both forms completed. That is the "belt & suspenders" approach and not necessarily wrong - just more paper and another opportunity for error.
Patricia Cashman,CRCM
Cashman Compliance Solutions, LLC
This is NOT legal advice

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