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Tom is a licensed Colorado broker who has been approached by a homeowner, Lisa, who is two months behind on her mortgage and facing imminent foreclosure. A company is offering to pay Lisa $15,000 to deed the property to them, promising to pay off her mortgage and lease the home back to her with an option to repurchase. Tom knows this transaction is governed by the Colorado Foreclosure Protection Act. Which of the following statements correctly describes a key protection the Act provides to Lisa?

Correct Answer

D) Lisa has a five-business-day right to rescind the equity purchase contract after signing

Under the Colorado Foreclosure Protection Act (C.R.S. § 6-1-1103), a homeowner who enters into an equity purchase contract has a five-business-day right of rescission after signing the contract. This cooling-off period allows distressed homeowners like Lisa to reconsider transactions that may be predatory or unfair without penalty.

Answer Options
A
The equity purchaser must obtain court approval before the transaction can be completed
B
Lisa must receive at least 82% of the property's fair market value from the equity purchaser
C
Lisa has an automatic 30-day right to rescind the equity purchase contract after signing
D
Lisa has a five-business-day right to rescind the equity purchase contract after signing

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Related Topics & Key Terms

Key Terms:

foreclosure_protection_actright_of_rescissionequity_purchaserdistressed_property

Related Concepts

Foreclosure is the legal process by which a lender takes possession of a property when a borrower fails to make mortgage payments. It allows the lender to sell the property to recover the outstanding debt.

The loan-to-value ratio (LTV) is the percentage of a property's appraised value or purchase price (whichever is lower) that is being financed through a mortgage. LTV = Loan Amount / Property Value.

A comparison of the major mortgage loan types—conventional, FHA, VA, and USDA—covering their eligibility requirements, down payment amounts, mortgage insurance rules, and best use cases.

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