In a federally related mortgage loan on a principal dwelling, which of the following parties has the right to rescind the transaction?

In a federally related mortgage loan on a principal dwelling, which of the following parties has the right to rescind the transaction?
A . Only the borrower who makes the most income
B . Only the borrower with the majority interest in the transaction
C . Only the person who will actually occupy the property
D . Any person who has an ownership interest in the property

View Answer

Answer: D

Explanation:

Under TILA’s Right of Rescission, in a federally related mortgage loan (such as a refinance) secured by a primary residence, any person who has an ownership interest in the property has the right to rescind the transaction within three business days after the closing, delivery of the notice of right to rescind, or delivery of all material disclosures, whichever occurs last.

This right applies to all individuals with a legal interest in the property, not just the primary borrower or the person who will occupy the property. This ensures that all owners can consent to the mortgage terms.

References:

Truth in Lending Act (TILA), Section 125

Regulation Z, 12 CFR §1026.23