Which of the following loans is subject to right of rescission?
A.
A purchase loan secured by a rental home
B.
A refinance loan secured by a vacation home
C.
A cash-out refinance loan on a primary residence
D.
A rate and term refinance loan through the same creditor
The Answer Is:
C
This question includes an explanation.
Explanation:
The right of rescission is a provision under TILA (Truth in Lending Act) that gives borrowers the right to cancel certain types of loans within three business days after closing. This right applies specifically to refinance transactions on a borrower's primary residence, where they are taking cash out or refinancing their mortgage.
Cash-out refinances on a primary residence (C) are subject to the right of rescission because they involve the homeowner's primary residence.
Purchase loans (A) and loans secured by vacation homes (B) or other investment properties are not subject to this rule.
Even if the same creditor is refinancing the loan (Option D), the right of rescission still applies if it's a refinance of the primary residence.
References:
Truth in Lending Act (TILA) Section 125
Regulation Z, 12 CFR ยง1026.23 on the right of rescission
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