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When The Rescission Notice Is Late

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Question: 
I was reviewing files and I noticed that we have a loan that should have had a Right of Rescission but they never received one. Prior to the three year anniversary of the loan, can the customer send me a Notice of Cancellation and request that all fees and payments paid so far be refunded with the current balance due remaining the same (i. e., $100,000 loan now has a $90,000 balance. They would receive all fees paid at closing and all payments and the loan amount would remain $90,000)?
Answer: 

226.15 and 226.23 define what would be required in the rescission. And since all "material disclosures" have not been delivered (the RoR) the clock has gone to 3 years or 3 days from when you make all the required "material disclosures".

The decision now is whether you let a sleeping dog lay, or provide the RoR and decrease your customer's time to rescind.

First published on BankersOnline.com 6/3/02

First published on 06/03/2002

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