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A borrower wants to use a HELOC to purchase an investment property. Which statement is correct regarding this scenario?

Correct Answer

C) The borrower retains the right of rescission if the HELOC is secured by their principal dwelling

The right of rescission under TILA applies to credit secured by the consumer's principal dwelling, regardless of how the proceeds are used. Even if the borrower uses HELOC funds to purchase an investment property, they retain rescission rights because the HELOC is secured by their principal residence.

Answer Options
A
This is prohibited under federal lending regulations
B
The HELOC would not qualify for the right of rescission since it's for investment purposes
C
The borrower retains the right of rescission if the HELOC is secured by their principal dwelling
D
Investment property purchases require a minimum 25% down payment from HELOC proceeds

Why This Is the Correct Answer

The right of rescission under TILA applies to credit secured by the consumer's principal dwelling, regardless of how the proceeds are used. Even if the borrower uses HELOC funds to purchase an investment property, they retain rescission rights because the HELOC is secured by their principal residence.

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