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#906618 - 02/19/08 05:52 PM Rescission ??
gunches Offline
100 Club
Joined: Dec 2005
Posts: 210
We are refinancing a property that was purchased by contract for deed. Property is still in the seller's name.
Is this treated as a purchase or a refinance which would involve a rescission?

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Lending Compliance
#906626 - 02/19/08 05:55 PM Re: Rescission ?? gunches
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,533
Bloomington, IN
Supplement I, 226.2: Definitions and Rules of Construction (01/01/01)

2(a)(24) Residential mortgage transaction.

5. Acquisition. i. A residential mortgage transaction finances the acquisition of a consumer’s principal dwelling. The term does not include a transaction involving a consumer’s principal dwelling if the consumer had previously purchased and acquired some interest to the dwelling, even though the consumer had not acquired full legal title.

ii. Examples of new transactions involving a previously acquired dwelling include the financing of a balloon payment due under a land sale contract and an extension of credit made to a joint owner of property to buy out the other joint owner’s interest. In these instances, disclosures are not required under §226.18(q) or §226.19(a) (assumability policies and early disclosures for residential mortgage transactions). However, the rescission rules of §§226.15 and 226.23 do apply to these new transactions.
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The opinions expressed are mine and they are not to be taken as legal advice.

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