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#2268294 - 03/28/22 06:44 PM Right of Rescission and CD
SallyGirl Offline
Member
Joined: Aug 2014
Posts: 69
Per 1026.23 (b)(1), Each consumer entitled to rescind must be given two copies of the rescission notice and the material disclosures. For example, if both spouses are entitled to rescind a transaction, each must receive two copies of the rescission notice (one copy to each if the notice is provided in electronic form in accordance with the consumer consent and other applicable provisions of the E-Sign Act) and one copy of the material disclosures.

Question pertains to the material disclosures : Must each spouse receive the CloD separately from each other?

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Lending Compliance
#2268298 - 03/28/22 07:17 PM Re: Right of Rescission and CD SallyGirl
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 78,965
Galveston, TX
If the transaction does not involve a right of rescission, then delivery to one of the primary borrowers is all that is required. If the transaction does involve the right of rescission, then all parties with the right of rescission is required to receive the initial CD three business days before closing. Investors may have additional requirements.


Official Interpretation
17(d) Multiple Creditors; Multiple Consumers
2. Multiple consumers. When two consumers are joint obligors with primary liability on an obligation, the disclosures may be given to either one of them. If one consumer is merely a surety or guarantor, the disclosures must be given to the principal debtor. In rescindable transactions, however, separate disclosures must be given to each consumer who has the right to rescind under § 1026.23, although the disclosures required under § 1026.19(b) need only be provided to the consumer who expresses an interest in a variable-rate loan program. When two consumers are joint obligors with primary liability on an obligation, the early disclosures required by § 1026.19(a), (e), or (g), as applicable, may be provided to any one of them. In rescindable transactions, the disclosures required by § 1026.19(f) must be given separately to each consumer who has the right to rescind under § 1026.23. In transactions that are not rescindable, the disclosures required by § 1026.19(f) may be provided to any consumer with primary liability on the obligation. See §§ 1026.2(a)(11), 1026.17(b), 1026.19(a), 1026.19(f), and 1026.23(b).
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#2268304 - 03/28/22 08:24 PM Re: Right of Rescission and CD rlcarey
SallyGirl Offline
Member
Joined: Aug 2014
Posts: 69
Thank you

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#2268305 - 03/28/22 08:27 PM Re: Right of Rescission and CD SallyGirl
SallyGirl Offline
Member
Joined: Aug 2014
Posts: 69
If the CloD are not given separately, doesn't that extend the ROR for 3 years?

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#2268310 - 03/28/22 08:52 PM Re: Right of Rescission and CD SallyGirl
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 78,965
Galveston, TX
Yes it does.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2268312 - 03/28/22 08:55 PM Re: Right of Rescission and CD SallyGirl
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 46,710
Bloomington, IN
Here's the supporting regulatory cite from 1026.23:

(3)(i) The consumer may exercise the right to rescind until midnight of the third business day following consummation, delivery of the notice required by paragraph (b) of this section, or delivery of all material disclosures, whichever occurs last. If the required notice or material disclosures are not delivered, the right to rescind shall expire 3 years after consummation, upon transfer of all of the consumer's interest in the property, or upon sale of the property, whichever occurs first. In the case of certain administrative proceedings, the rescission period shall be extended in accordance with section 125(f) of the Act.

(ii) For purposes of this paragraph (a)(3), the term "material disclosures" means the required disclosures of the annual percentage rate, the finance charge, the amount financed, the total of payments, the payment schedule, and the disclosures and limitations referred to in §§ 1026.32(c) and (d) and 1026.43(g).
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The opinions expressed are mine and they are not to be taken as legal advice.

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