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no right of rescission

Posted on: 05th Dec, 2006 02:16 pm
are there any situations where right of rescission can not be applied, we are located in Indiana.thanks
hi pirateria,

there are some situations when the right of rescission will not be applicable such as when:
  1. you apply for a loan to buy or build your house.
  2. you refinance your mortgage with the same lender and no additional funds are borrowed from the refinance.
  3. in situations where any state agency is the lending institution.
if you have any other doubts then please let us know.

Posted on: 05th Dec, 2006 02:31 pm
thanks, if my mortgage does not fall under the divisions you have specified and I would like to rescind then what I do and what happens after I rescind?
Posted on: 05th Dec, 2006 02:42 pm
Hi Pirateria,

You must notify the lender in writing your desire to cancel the contract. You can use the form provided by the lender for this purpose. Also make sure it is delivered before the 3rd business day ends.

After you send the notice of rescission, the lender should return all the money or property you had paid as part of the transaction back to you.

The money or property should be returned within twenty days from the date lender receives the notice. It is also necessary for the lender to release the security interest held on the home.

If you had received any amount, you can keep it until the lender proves that lien which was placed on the property has been released. For this, the lender has the option to show the release of lien filed with the county clerk's office. It would confirm that the home is no longer held as collateral. After which you can return the amounts received by you from the lender.

Posted on: 05th Dec, 2006 03:04 pm
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