Skip to content
BOL Conferences
Thread Options
#2150614 - 10/20/17 03:30 PM Right of Rescission - Non-owner primary residence
Compliance Nut Offline
100 Club
Joined: Feb 2016
Posts: 206
Is a loan made to obtain a HELOC on a consumer's primary residence that is owned by a company in which the consumer is the principal owner a rescindable transaction?

Return to Top
Lending Compliance
#2150621 - 10/20/17 03:42 PM Re: Right of Rescission - Non-owner primary residence Compliance Nut
rlcarey Online
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,396
Galveston, TX
No. The individual has no ownership interest in the property.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#2150623 - 10/20/17 03:48 PM Re: Right of Rescission - Non-owner primary residence Compliance Nut
Compliance Nut Offline
100 Club
Joined: Feb 2016
Posts: 206
Ok - does it matter if the loan is for a consumer purpose?

Return to Top
#2150624 - 10/20/17 03:58 PM Re: Right of Rescission - Non-owner primary residence Compliance Nut
rlcarey Online
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,396
Galveston, TX
No. Who is the borrower and what is the purpose?
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#2150625 - 10/20/17 04:02 PM Re: Right of Rescission - Non-owner primary residence Compliance Nut
Compliance Nut Offline
100 Club
Joined: Feb 2016
Posts: 206
The borrower is an individual and purpose is a HELOC for personal expenses. The home is owned by a company where she is the majority owner.

Return to Top
#2150627 - 10/20/17 04:04 PM Re: Right of Rescission - Non-owner primary residence Compliance Nut
rlcarey Online
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,396
Galveston, TX
Then it is just a line of credit secured by real property and subject to 1026.6(b).
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#2150628 - 10/20/17 04:05 PM Re: Right of Rescission - Non-owner primary residence Compliance Nut
Compliance Nut Offline
100 Club
Joined: Feb 2016
Posts: 206
But does the individual have a right to rescind? I know the individual is not an owner, but in an indirect way, they are.

Return to Top
#2150629 - 10/20/17 04:08 PM Re: Right of Rescission - Non-owner primary residence Compliance Nut
rlcarey Online
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,396
Galveston, TX
No they are not. The entity owns the property. Who owns the entity is irrelevant.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#2150711 - 10/20/17 07:58 PM Re: Right of Rescission - Non-owner primary residence rlcarey
Rocky P Offline
Power Poster
Joined: Jun 2003
Posts: 7,659
Florida
Part by part
1026.15 (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.

security interest is or will be retained or acquired in a consumer's principal dwelling - dwelling is owned by company - NO
each consumer whose ownership interest is or will be subject to the security interest - business has security interest - NO
_________________________
Integrity. With it, nothing else matters. Without it, nothing else matters.

Return to Top

Moderator:  Andy_Z