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A borrower wants to waive their right of rescission to expedite their refinance closing. Under what circumstances can this be done?

Correct Answer

C) Only in cases of bona fide personal financial emergency

Under TILA Section 125, the right of rescission can only be waived in cases of bona fide personal financial emergency that necessitates the immediate use of the credit. The waiver must be in writing and describe the emergency.

Answer Options
A
Never, the right cannot be waived
B
Only with attorney approval
C
Only in cases of bona fide personal financial emergency
D
Anytime with written consent

Why This Is the Correct Answer

Under TILA Section 125, the right of rescission can only be waived in cases of bona fide personal financial emergency that necessitates the immediate use of the credit. The waiver must be in writing and describe the emergency.

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