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#2177387 - 05/09/18 04:42 PM Right of Rescission 12 Mo. Home Improvement Loan
Frosh Offline
Member
Joined: Mar 2015
Posts: 89
Would the right of rescission apply to a 12 month interest only home improvement loan?

The loan will be taken out after 12 months.

There is no mortgage on the property now. The Bank will be taking a mortgage at origination.

It seems rescission would apply because the Residential Mortgage Transaction exemption is not met.

Thank you in advance.

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#2177390 - 05/09/18 04:50 PM Re: Right of Rescission 12 Mo. Home Improvement Loan Frosh
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,393
Galveston, TX
Assuming you are talking about a principal residence - yes.
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#2177394 - 05/09/18 04:57 PM Re: Right of Rescission 12 Mo. Home Improvement Loan Frosh
Frosh Offline
Member
Joined: Mar 2015
Posts: 89
Yes, it is a principal residence. Thank you.

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#2177514 - 05/09/18 08:44 PM Re: Right of Rescission 12 Mo. Home Improvement Loan Frosh
Rocky P Offline
Power Poster
Joined: Jun 2003
Posts: 7,659
Florida
Frosh, something to think about - if the documentation is wrong, or not delivered, the customer can still rescind for up to three years, even if the loan is paid.

3. Unexpired right of rescission. i. When the creditor has failed to take the action necessary to start the three-business day rescission period running, the right to rescind automatically lapses on the occurrence of the earliest of the following three events:

A. The expiration of three years after consummation of the transaction.

B. Transfer of all the consumer's interest in the property.

C. Sale of the consumer's interest in the property, including a transaction in which the consumer sells the dwelling and takes back a purchase money note and mortgage or retains legal title through a device such as an installment sale contract.
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