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Forum Home » Closing & Beyond » Requested documents after signing
1/23/2009 2:00:14 PM
tkhower2003
Posts 1
My husband and I signed our loan documents on 01/05/09. First they had two different interest rates on our papers and we resigned within the three day periord. It was suppose to close on 01/09/09. On 01/11/09 they ask for another document to be signed. Long story short it would take us 3 months to get this document to them so they did not fund our loan (found this out today). Is this legal? Why does the consumer have only a three day right of rescission but the lender can take all the time that they want.
1/26/2009 9:17:00 AM
MortgageMarvel
Posts 38
Unfortunately, your question is difficult to answer without more details about the specific documents and circumstances. The Right of Rescission is part of the Truth In Lending Act. It allows borrowers to cancel a refinance or home equity transaction on their primary residence within 3 business days of the date on which the closing documents are signed. This law was designed to protect consumers from getting bound by a transaction that is not in their best interest. On a loan that is subject to the Right of Rescission, the lender will close the transaction and then disburse the proceeds on the third business day after the documents are signed, provided the borrower does not rescind.

Without knowing the specifics of your transaction and the nature of the document that the lender is asking you to sign, we cannot definitively answer if the lender is within their rights or not. We would recommend that you consult an attorney if you feel that the lender is not acting in good faith.
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