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#2215418 - 06/11/19 06:02 PM Trust owns home-rescission
mdog76 Offline
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Joined: Jan 2007
Posts: 645
We have a customer who is getting a mortgage loan on the house they live in currently. The house is owned by a trust that was set up for the customer years ago. The customer's mother will also be joint on the loan (does not live in the home in question). Does the trust itself have to be given rescission? Although I think not, what about the mother as well?

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Lending Compliance
#2215425 - 06/11/19 06:25 PM Re: Trust owns home-rescission mdog76
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 78,967
Galveston, TX
10. Trusts. Credit extended for consumer purposes to certain trusts is considered to be credit extended to a natural person rather than credit extended to an organization. Specifically:

i. Trusts for tax or estate planning purposes. In some instances, a creditor may extend credit for consumer purposes to a trust that a consumer has created for tax or estate planning purposes (or both). Consumers sometimes place their assets in trust, with themselves or themselves and their families or other prospective heirs as beneficiaries, to obtain certain tax benefits and to facilitate the future administration of their estates. During their lifetimes, however, such consumers may continue to use the assets and/or income of such trusts as their property. A creditor extending credit to finance the acquisition of, for example, a consumer's dwelling that is held in such a trust, or to refinance existing debt secured by such a dwelling, may prepare the note, security instrument, and similar loan documents for execution by a trustee, rather than the beneficiaries of the trust. Regardless of the capacity or capacities in which the loan documents are executed, assuming the transaction is primarily for personal, family, or household purposes, the transaction is subject to the regulation because in substance (if not form) consumer credit is being extended.

Whether mom has a right of rescission without direct ownership is a State law issue.
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