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#642603 - 11/27/06 08:22 PM Right of rescission & ownership interest
joeball Offline
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joeball
Joined: May 2004
Posts: 178
Bluegrass State
Daughter and son-in-law have moved in with her elderly mother. A new loan is being done in which the mother and son-in-law will be signed on the note. It is the son-in-law's principal dwelling, however he has no ownership interest in the property. Should he get a ROR notice?

Thanks
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Lending Compliance
#642655 - 11/27/06 08:58 PM Re: Right of rescission & ownership interest joeball
Ski Offline
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Joined: May 2003
Posts: 639
South Louisiana
My understanding is that where the consumer's principal residence will be subject to a security interest (mortgage, deed, etc.) ROR applies.

Purchase or construction loans are exempt.

Also, a consumer does not have to be a signer on the promissory note is receive ROR.

1) Who owns the house?
2) Is it their principal residence?
3) Do they sign the security instrument (mortgage or deed,etc.)?

Hope this helps.

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#642725 - 11/27/06 09:48 PM Re: Right of rescission & ownership interest joeball
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,530
Bloomington, IN
For the purpose of the ROR the SIL does meet the definition of a consumer since he has no ownership interest. The ROR does not apply to the SIL.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#649758 - 12/08/06 09:54 PM Re: Right of rescission & ownership interest Dan Persfull
CRL Offline
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CRL
Joined: Sep 2003
Posts: 579
I have a little different twist on who has to given the ROR notice: a brother and sister own the property jointly, but only the brother lives in it. The brother is our sole borrower, although the sister will also sign the DOT. Does the sister have ROR as owner, even though it's not her primary dwelling? I believe she does not, but want to be sure... thanks!

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#649891 - 12/08/06 11:12 PM Re: Right of rescission & ownership interest CRL
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,530
Bloomington, IN
You are correct, she does not. It is not her primary residence.

Also from my previous post:

For the purpose of the ROR the SIL does meet the definition of a consumer

it should read:

For the purpose of the ROR the SIL does NOT meet the definition of a consume
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The opinions expressed are mine and they are not to be taken as legal advice.

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