====== Rescission ====== **Rescission** is the **legal right to cancel a contract** and restore the parties to their **original positions** as if the contract never existed. ===== Key Characteristics ===== * Voids the contract * Returns money and property to original owners * Must be exercised within a **specific time period** * Often applies to **consumer protection laws** ===== Rescission Under TILA ===== * Applies to **refinances** of a **principal residence** * Borrower has **3 business days** to rescind * Does **not** apply to: * Purchase loans * Investment properties * Second homes ===== How the 3-Day Period Works ===== * Clock starts after the **last** of: * Loan closing * Receipt of TILA disclosures * Receipt of notice of right to rescind * Includes Saturdays, excludes Sundays and federal holidays ===== Effects of Rescission ===== * Loan is canceled * Lender must return fees * Borrower returns loan proceeds (if received) ===== Rescission vs Cancellation ===== * **Rescission** * Based on statute or law * Automatic right within timeframe * **Cancellation** * Based on contract terms ===== Exam Tip ===== * Remember **3 business days** * Applies only to **owner-occupied refinances**