Owner's primary dwelling, not the borrower

Posted By: Bec

Owner's primary dwelling, not the borrower - 02/01/16 08:01 PM

I know this is going t be a very strange scenario, please bear with me:

Mom and Dad are borrowing money. They do not own the home that is being taken as security nor do they live there.
The Daughter owns the home in her name only and she and her husband live their as their primary residence.
Wisconsin is a marital property state.

Mom and Dad do not get the right to rescind.
Daughter and Son-in-Law sign the mortgage and they also have the right to rescind.
Daughter and Son-in-Law should receive a copy of the CD?

Am I right?
Posted By: John Burnett

Re: Owner's primary dwelling, not the borrower - 02/01/16 08:16 PM

That is correct. Each of them, as a consumer whose ownership interest will be subject to the mortgage on the dwelling that is their principal residence, gets a copy of the borrower's CloD and two copies of the notice of right to rescind.
Posted By: Bec

Re: Owner's primary dwelling, not the borrower - 02/01/16 08:44 PM

Thank you very much John!
Posted By: Ski

Re: Owner's primary dwelling, not the borrower - 02/01/16 10:02 PM

If the husband does NOT own the home, but it is his primary residence, why does he have to sign the mortgage (no ownership interest) or ROR (no ownership interest)?
Posted By: John Burnett

Re: Owner's primary dwelling, not the borrower - 02/01/16 10:04 PM

There may be state law requirements related to the now ancient and largely outmoded concepts of dower and curtesy.
Posted By: Truffle Royale

Re: Owner's primary dwelling, not the borrower - 02/03/16 06:33 PM

Wisconsin is a marital property state meaning the husband has an ownership interest by right of marriage.
Posted By: Bec

Re: Owner's primary dwelling, not the borrower - 02/16/16 05:33 PM

^^^What Truffle said smile
Posted By: Rocky P

Re: Owner's primary dwelling, not the borrower - 02/16/16 05:39 PM

Explanation - Some states have laws to prevent one person from selling the house from under their spouse leaving them no-where to go.