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After a borrower exercises their right of rescission on a refinance, the lender must return all money paid by the borrower. Which of the following is NOT required to be returned?

Correct Answer

C) Third-party appraisal fees paid to the appraiser

Under TILA Section 125(b), upon rescission, the creditor must return any money or property given by the borrower. However, fees paid directly to third parties for services already rendered (like appraisal fees paid to the appraiser) are generally not required to be returned by the lender, as these represent value already received.

Answer Options
A
Down payment amounts
B
Loan origination fees
C
Third-party appraisal fees paid to the appraiser
D
Title insurance premiums

Why This Is the Correct Answer

Under TILA Section 125(b), upon rescission, the creditor must return any money or property given by the borrower. However, fees paid directly to third parties for services already rendered (like appraisal fees paid to the appraiser) are generally not required to be returned by the lender, as these represent value already received.

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