Skip to content
BOL Conferences
Thread Options
#2193813 - 09/26/18 01:56 PM Rescind for the purpose of Increase. Start over?
Comply Offline
Junior Member
Joined: Jul 2015
Posts: 33
We have a transaction that closed. Borrowers are choosing to rescind. They want to increase the loan.
Can we use the current transaction/documentation and issue a revised CD? or do we have to start with a new transaction?

Return to Top
TRID - TILA/RESPA Integrated Disclosures Rule
#2193814 - 09/26/18 02:04 PM Re: Rescind for the purpose of Increase. Start over? Comply
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,529
Bloomington, IN
If the borrower truly rescinded then that transaction is dead and you must follow 1026.15(d) or .23(d) whichever is applicable to the transaction.

If they simply want to modify the existing request then how you proceed would be up to your internal policy for such a request.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

Return to Top
#2193815 - 09/26/18 02:08 PM Re: Rescind for the purpose of Increase. Start over? Comply
Comply Offline
Junior Member
Joined: Jul 2015
Posts: 33
Thanks Dan for the quick response. Regarding Part one of your answer, that is very helpful.

Regarding modifying the existing request...because we have already closed that transaction, would we need to start over like it was a new request? New early disclosures, LE, etc?

Return to Top
#2193816 - 09/26/18 02:13 PM Re: Rescind for the purpose of Increase. Start over? Comply
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,529
Bloomington, IN
It would depend if you modify the existing loan or if you treat it as a new one. Modifications do not require new disclosures.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

Return to Top