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The Truth-In-Lending Act or Res Mtg. Transaction

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Question: 
Borrower A & B are purchasing residential property from Seller C. Borrower A & B already live at this residential property and pay rent. Since this is their primary residence would they have a right to rescind (under The Truth-In-Lending Act) or would this fall under the "Residential Mortgage Transaction" and be exempt?
Answer: 

They are acquiring a principal dwelling and they have no current interest in the dwelling, so it is a RMT. Renting and living there does not represent a legal interest in the property.

Official Interpretation

2(a)(24) Residential Mortgage Transaction

5. Acquisition. i. A residential mortgage transaction finances the acquisition of a consumer's principal dwelling. The term does not include a transaction involving a consumer's principal dwelling if the consumer had previously purchased and acquired some interest to the dwelling, even though the consumer had not acquired full legal title.

First published on 05/06/2018

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