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Marcus is buying his principal residence and signs a purchase-money mortgage at closing. The next day he says he wants to cancel under the three-day right of rescission. What is the best answer?

Correct Answer

B) He generally has no rescission right because a residential mortgage used to acquire a principal dwelling is exempt

The right of rescission does not generally apply to a residential mortgage transaction used to acquire or construct the consumer's principal dwelling. A purchase-money mortgage on the home being bought is therefore normally exempt from the three-day rescission rule.

Answer Options
A
He may rescind only if the lender used the Closing Disclosure instead of a HUD-1
B
He generally has no rescission right because a residential mortgage used to acquire a principal dwelling is exempt
C
He may rescind only if the mortgage has a prepayment penalty
D
He automatically may rescind because every owner-occupied mortgage carries a three-day cancellation right

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Related Topics & Key Terms

Key Terms:

tilarescissionpurchase_money_mortgageprincipal_dwelling
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