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FinancingTila_respa_regulationsMEDIUM

Dana is refinancing her principal residence and asks to close immediately because a sheriff's sale is scheduled for next week. The lender hands her a preprinted waiver of rescission to sign. Which statement is most accurate?

Correct Answer

B) A valid waiver needs a dated written emergency statement from the consumer and cannot use a printed form

A rescission waiver is allowed only for a bona fide personal financial emergency, and the consumer must give a dated written statement describing that emergency. Regulation Z also says printed waiver forms are prohibited, so the lender's preprinted form is not the correct method.

Answer Options
A
The waiver is valid because refinance borrowers may waive rescission whenever they choose
B
A valid waiver needs a dated written emergency statement from the consumer and cannot use a printed form
C
The waiver is valid only if the settlement agent and lender both sign the waiver
D
The waiver is valid if the lender explains the three-day right before closing

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Related Topics & Key Terms

Key Terms:

tilarescissionwaiverbona_fide_emergency
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