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#2222990 - 10/03/19 08:12 PM Refi - Closing and Funding Same Day
parker1962 Offline
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Joined: Jul 2019
Posts: 32
If a refinance loan closes and funds the same day without bona fide emergency, what are the steps to remedy this? Looking for direction, thank you in advance.

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#2222991 - 10/03/19 08:18 PM Re: Refi - Closing and Funding Same Day parker1962
Skittles Offline
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Skittles
Joined: Sep 2002
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TN
Do you mean rescission was required and not provided?
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#2222995 - 10/03/19 08:39 PM Re: Refi - Closing and Funding Same Day Skittles
parker1962 Offline
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Joined: Jul 2019
Posts: 32
Correct - unless there are other scenarios besides an emergency that would cause the rescission period to not be required?
Last edited by parker1962; 10/03/19 08:40 PM.
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#2222997 - 10/03/19 08:49 PM Re: Refi - Closing and Funding Same Day parker1962
rlcarey Online
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rlcarey
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Galveston, TX
Only if you were the original creditor on the loan being refinanced and there was no cash out.
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#2222999 - 10/03/19 09:07 PM Re: Refi - Closing and Funding Same Day parker1962
Skittles Offline
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Skittles
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TN
And if there was an emergency you need a handwritten note signed by the borrowers (all who have rescission rights) before the loan is funded.
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#2223014 - 10/04/19 12:04 AM Re: Refi - Closing and Funding Same Day parker1962
Richard Insley Offline
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Richard Insley
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Toano, VA
This is a bell than cannot be unrung. Unless you had an exemption (as Randy suggested) and didn't recognize it, immediate funding of a rescindable loan is a TILA violation. Reflexively, I wanted to add "...and the rescission period is extended for 3 years", but that may not be the case. The 3-year extension only applies when a creditor fails to deliver the rescission notice or material disclosures.
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#2223054 - 10/04/19 03:43 PM Re: Refi - Closing and Funding Same Day parker1962
Kimo in Idaho Offline
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Posts: 135
I agree with Richard, if you didn't provide the proper disclosures I would get those to the customer, unless it is well past closing then I would just leave it.

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#2223074 - 10/04/19 05:18 PM Re: Refi - Closing and Funding Same Day parker1962
parker1962 Offline
Junior Member
Joined: Jul 2019
Posts: 32
Thank you everyone!

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