RESCISSION

Customer borrows new money adds to existing loan, his home is securing the loan, only the home not the land is rescission applicable?

Assuming the home is the borrower's primary residence then rescission would apply to the new money being advanced/added to the existing home equity loan.

Ok,that was my answer, but what if the bank funded the loan in early?

Thanks for your help.

If they funded the loan early, they violated 226.23. The loan is not subject to rescission for 3 years as they provided a RofR notice.

If this land that the home is on is government land is this different? Would rescission still be applicable?

If it's their principal dwelling, RofR applies. I don't believe there is an exception for government land.

Ok, thanks that is might thought also. Thanks for your quick reply.