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Rule on Missing or Late Rescission

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Question: 
What if a rescission is not given at all? Does this error last beyond three years? What if the date of the loan is one day and the day of the rescission was given the day after? What is the effect?
Answer: 

If you fail to provide the right to cancel it extends the rescission period to 3 years and in some cases indefinitely if foreclosure becomes an issue.

The rescission period ends 3 business days after the last of 3 events have taken place. Consummation, delivery of material disclosure, delivery of the right to cancel. If the loan was consummated and the material disclosures were provided on 2/13 and the right to cancel was delivered on 2/14 the rescission period expires 3 business days from the 14th. If you did not wait the required 3 business days from the last of the events happening you did not provide a proper right to cancel and the rescission period is extended to 3 years and in some cases indefinitely if foreclosure becomes an issue.

First published on BankersOnline.com 7/30/12

First published on 07/30/2012

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