How Do You Rescind A Mortgage Agreement?

A mortgage refinance is a major financial decision in any consumer's life. While those with excellent credit often can qualify for low-cost mortgages, it is still a major expense. Federal law protects a consumer's right to rescind a mortgage refinance or home equity line of credit (HELOC) in many cases.

This is also called a cooling-off period. It is there to allow consumers to review all final terms of a loan for a period of three days following a loan close. It's important to know whether your mortgage qualifies for a rescission notice.

Make sure your mortgage allows for rescission. Mortgages that may not qualify include purchase mortgages, refinances with the same lender, and mortgages on properties not considered primary residences. Contact your lender if you are unsure whether your mortgage entitles you to a rescission period.

Make sure you are absolutely sure that you want to rescind your loan. Once you rescind, the entire loan agreement will be cancelled and you'll need to ... more.

Through the bankruptcy process you are able to enter into what is known as a reaffirmation agreement. This is a contract between you and a lender regarding a loan that is secured by property--normally a home mortgage loan or a loan on an automobile. Through such an agreement, you are able to maintain possession of your home or automobile, provide you make payments under the terms of this new agreement.

You may reach a point at which you desire to rescind a reaffirmation agreement. Notify the bankruptcy trustee in writing that you desire to rescind a reaffirmation agreement. Write the lender with which you entered into a reaffirmation agreement previously and advise of your desire to rescind that contract.

Schedule a meeting with the bankruptcy trustee, a session at which all creditors will have the chance to object to rescinding the reaffirmation agreement if they so desire. Odds are that no creditors will object. Draft a document rescinding the reaffirmation agreement to be signed ... more.

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