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After a loan is rescinded

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Question: 
If borrower rescinds a loan, what loan documents must be kept and how long does the bank need to keep them?
Answer: 

by Randy Carey:

Why would you not keep the entire file like you would any other loan? A loan that is rescinded closed, it just did not fund.

Answer: 

by Richard Insley:

Section 1026.25 requires you to retain "evidence of compliance"...not a list of specific documents. In order to produce such a list for rescinded loans, you have to look at what transpires from cradle to grave, and what Reg. Z requires as a result of each relevant event along that timeline. "Evidence of compliance" is whatever would be necessary to defend the bank's disclosures (including content, timing, and format) in court.

First published on 07/30/2023

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